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Legal Medicine

GROUP 1-Introduction

Reporters: Del Rosario, Earleen

Mondero, Kenneth

Samonte, Elaine DianneJD 2-1

DEFINITION

LEGAL MEDICINEis a branch of medicine which

deals with the application of

medical knowledge to the

purpose of law and justice. It

is the application of the basic

and clinical, medical and

paramedical sciences to

elucidate legal matters.

Legal Medicineand Forensic Medicine

are synonymous and in common practice are used

interchangeably, although legal medicine strictly

speaking means medicine applied to legal cases,

while forensic medicine science to elucidate legal

problems.

MEDICAL JURISPRUDENCEis that branch of

law which deals with the

organization and regulation of

the medical profession, with

the contractual obligationexisting between practitioner

and his patient and with the

duties imposed on the

practitioner by the state.

DISTINCTION BETWEEN LEGAL MEDICINE AND

MEDICAL JURISPRUDENCE

LEGAL MEDICINE MEDICAL

JURISPRUDENCE

branch of medical

science

branch of law

a medicine applied to

law and

administration of

justice

law applied to the

practice of medicine

originate from the

development of

medical science, it

being a branch of

medicine

emanates from acts of

Congress, executive

orders, administrative

circulars, custom and

usage and decisions of

tribunal which have

relation to the practice

of medicine

based on the

principles of

coordination, that

legal medicinescoordinate medicine

to law and justice

based on the principles

of subordinations, that it

is the duty of a physician

to obey the laws in asmuch as our government

is established on the

principle of government

of laws and not of men

and that no one is

considered above the

law

PURPOSE OF THE STUDY

1. To give the students and practitioners of

medicine a theoretical and practicalknowledge of the subject in his relation to

law.

2. To give information to physicians of hisrights and duties and the manner in

which the law expect him to act under

certain circumstances.

3. To enable a lawyer find the principleswhich apply, and the laws and decisions

which may govern, in any case involving

medical questions, as well as the points

upon which medical experts should be

examined.

4. To acquaint medical and law students andpractitioners of the recent advances offorensic medicine and the medico legal

system and procedure adapted in

different countries.

5. Students of criminology and police

sciences must be acquainted with the

medical aspect of criminal investigation,

their significance, interpretation and

probative value in court.

SCOPE OF LEGAL MEDICINE

The scope of legal medicine is quitebroad. It is the application of all branches of

medicine and other allied sciences to law and

administration of justice. The knowledge of

wounds has been acquire in surgery, abortion in

gynecology, sudden death in medicine, effects of

trauma in pathology, etc. although viewed in a

different angle.

NATURE OF LEGAL MEDICINE

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Knowledge of legal medicine means the

ability to acquire facts, the power to arrange those

facts in the logical order, and the application for

the purposes of law the conclusion which they

lead.

A physician should be an impartial

observer, intent only or seeking the truth of a case

in relation its circumstances, the conscience with

which he discharges his duties is but a corollary to

his putting into practice the medico legal

knowledge he has acquired.

It is not only necessary that a physician

should have an impartial and accurate observation

of the facts but also must possess the power to

impart in words or in writing all of his observation

to others. He must convey all the facts he has

observed and be able to give is logical opinion.

Some members of the medical profession

have been inclined to regard medico-legal matter

with abhorrence. They consider it as an addition

to their usual duties while other refuse to handle

medico-legal cases because of fear, and waste of

material time when being summoned in court. But

, no physician in practice can ignore nor refuse to

face the problem of legal responsibility and his

duties to the court.

MEDICAL JURIST- (Medico-legal Expert) is a

physician who specializes in thescience of legal medicine. He

must possess sufficient

knowledge pathology, surgery,

toxicology, and other branches

of medicine in the application to

law and justice.

SOME PRINCIPLE GOVERNING APPLICATION AND

EFFECTS OF LAW

1. Ignorance of the law excuses no one from

compliance therewith.

2.

Law shall have no retroactive effect,unless the contrary is provided.

3. Rights may be waived unless the waiver iscontrary to law, public order, public

policy, morals, good customs, or

prejudicial to a third person with a right

recognized by law.

4. Customs which are contrary to law, publicorder or public policy shall not be

countenanced.

BRANCHES OF LAW WHERE LEGAL MEDICINE IS

APPLIED

1. Civil law

a. the determination and termination of civil

personalityb. the limitation or restriction of a naturalpersons capacity to act

c. marriage and legal separation

d. paternity and filiatione. testamentary capacity of a person making

a will

f. the right to hereditary succession

2. Criminal Law

a. Felonies and circumstances which affect

criminal liability

b. Civil liability ex delictuc. Crimes relative to opium and prohibited

drugsd. Crimes against personse. Crimes against chastity

f. Crimes against civil status of personsg. Quasi offenses

3. Remedial Law

a. Physical and Mental Examination of a

person

b. Hospitalization of insane persons

c. Rules of Evidence4. Special Laws

a. Dangerous Drug Act

b. Youth and Child Welfare Codec. Sanitation Coded. Insurance law

e. Labor Code

f. Employees Compensation Law5. CORPUS DELICTI

Is the body or substance of the crime and is

defined as the fact that a crime actually has

been committed. In all criminal prosecutions,

the burden is on the prosecution to prove the

corpus delicti.

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HISTORY OF LEGAL MEDICINE IN THEPHILIPPINES

Paulus Zacchias( 15841659 ) is the Father of Forensic Medicine. He was thefirst to describe the importance andapplication of medicine to the properadministration of justice.

In the Phil. the father of Legal Medicine canbe rightfully bestowed to Dr. Pedro P. Solis.His book onLegal Medicine copyrighted in 1987,contains the most extensive treatise andteachings in Philippine Legal Medicine.

MEDICAL EVIDENCE

Evidence s the means, sanction by law ofascertaining in a judicial proceeding the truthrespecting a matter of fact.

Reference: Section 1, 2, 3, 4, -128 rules of court

Medical Evidence is the means sanction bylaw of ascertaining in a judicial proceeding thattruth respecting a matter of fact whereinscientific medical knowledge is necessary.

FORMS OF EVIDENCE

1. Real Evidence this form of evidence

is made known or addressed to thesenses of the court.

Section 1, Rule 130 Rules of Court

View of an Object whenever an object hassuch a relation to the fact in dispute as to affordreasonable grounds or belief respecting it, suchobject may be exhibit to or viewed by the court,or its existence, situation, or character proved bywitnesses, as the court in its discretion maydetermine.

a. Indecency and impropriety areexceptions to this rule of evidence, butwhen exhibition is necessary for the endof justice, notions of decency anddelicacy of feeling will not be allowed toprevail.

b. Repulsive objects and those offensivesto sensibilities should also be excludedif they are not absolutely necessary forthe proper administration of justice.

2. Testimonial Evidence a physicianmay be placed at the witness stand toanswer questions propounded to him bycounsels of parties or by the presidingofficer of the court. His testimony mustbe given orally in open court and underoath or affirmation.

Qualification of an Ordinary Witness

Section 18, Rule 130, Rules of CourtExcept as provided in the next

succeeding section, all persons who, havingorgans of sense, can perceive, and perceiving,can make known their perception to others, maybe witness. Neither parties nor other personsinterested in the outcome of a case shall beexcluded, nor those who have been convicted of

crime, nor any person on account of his opinionon matters of religious belief.

Qualification of an Expert Witness

Section 42, Rule 130, Rules of Court

The opinion of a witness regarding aquestion of science, art or trade, when he isskilled therein, may be received in evidence.

3. Experimental Evidence a medicalwitness may be required to perform

certain experiments to prove a certainmatter of fact. Again such evidencemust not be offensive to decency,sensibilities, and propriety. The court,however, in its discretion may or maynot allow experimental evidence.

4. Documentary Evidence any writtenevidence presented by a physician incourt which is relevant to the subjectmatter in dispute and not excluded bythe rules of court is documentaryevidence.

METHODS OF PRESERVING EVIDENCE1. Photography and sound recording2. Sketching3. Description4. Testimony of witnesses

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KINDS OF EVIDENCE NECESSARY FORCONVICTION

1. Direct Evidence that which proves thefact in dispute without the aid of anyinference or presumption. The evidencepresented corresponds to precise oractual point at issue.

2. Circumstances Evidence the proof offacts from which, taken either singly orcollectively, the existence of a particularfact in dispute may be inferred as anecessary or probable consequence.

When is Circumstantial evidencesufficient to Produce conviction?

a. When there is more than onecircumstance,

b. When the facts from which the inferencesare derived are proven, and

c. When the combination of all thecircumstances is such as to produce aconviction beyond a reasonable doubt.

DEGREE PF PROOF REQUIRED IN THECOURT OF JUSTICE:

1. In civil cases, preponderance of evidenceonly is required.

2. In criminal cases, proof beyondreasonable doubt is required.

MEDICAL ASPECT OF CRIMINAL INVESTIGATION

I.IDENTIFICATION OF PERSONS AND MATERIALS

1. ANTHROPOMETRY (BERTILLONS SYSTEM)-the study of measurement of human body

A. DEAD PERSONS AND ITS REMAINS

a. identification and examination of skeletonb. determination of sex, race, age, height, from the skeleton

c. identification of hair, and other fibers

d. identification of sex, age in living person

e. determination of age of fetusf. determination of age of childhood and adulthood

2. FINGER PRINTING-Formation started from embryo and perfected within four (4) months

-Never affected by physical growth, aging of human bodies

-Everybody differ each other during the lifetime of individual

WAYS of DETERMINATION

DACTYLOGPRAHY

is the art and study of recording and studying fingerprints as a means ofidentification

DACTYLOSCOPY

the art of identification by comparison of fingerprints

POROSCOPYthe study of pores found on the capillary or friction ridges of the skin

CRIMINAL INTERROGATION

1. Initial interview with the investigator handling the case.2. Pre-test interview with the subject to be examined3. Conduct of instrument test with asking the questions previously reviewed by the

subject.4. Post interview/ interrogation with the subject

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1. DECEPTION-DETECTION METHOD

a. POLYGRAPHY/-scientific method of detecting deception with the use of the polygraph

instrument

PURPOSE: to determine truth or deception based on the presence of emotionaldisturbance of the subject as appearing on the recorded physiological responses to

question relative to the case under investigation.

RELATION TO MEDICAL ASPECT:

1. PNEUMOGRAPHrecords changes of breathing

2. GALVANOGRAPHrecords the skin resistance of the subject to a very small amount of lectricity

3. CARDIOSPHYGMOGRAPH

records the changes of blood pressure and pulse rate4. KYMOGRAPHmotor that pulls or drive chat paper

CONSIDERED INDICATION OF DECEPTION

Increase and decrease of blood pressure

Increase in blood pressure only

Decrease only in blood pressureAn increase or decrease pulse rate

Increase or decrease of amplitude

2. NARCO ANALYSIS (TRUTH SERUM)A person is able to lie by using his imagination. In the Narco Analysis Test, the subject's

imagination is neutralised by making him semi-conscious. In this state, it becomes difficult for

him to lie and his answers would be restricted to facts he is already aware of.

In a Narco test the subject is administered a fixed quantity of Sodium Pentothal orSodium Amytal which puts him/her in a state of Hypnotism.

Such a test is generally conducted on a suspect who is not coming out with the truth.

Once put to this test he is half sleep and answers the questions truthfully.

However this test cannot be taken as an evidence in a court of law. But certainly it helps

proceed in the right direction and collect evidence which can form the basis for prosecution in a

court of law.

3. STIMULUS ASSOCIATION TESTWORD ASSOCIATION TEST

List of stimulus and non stimulus words are read to the subject who is instucted to answeras quickly as possible

4. USE OF HYPNOTISM