General Considerations Atty Molly Cr Abiog, MD, LlB University of the Cordilleras Baguio City Definition of Terms Legal

Medicine Branch of Medicine which deals with the application of medical knowledge to the purposes of law and in the administration of justice Legal Medicine, Forensic Medicine and Medical Jurisprudence - synonymous with each other, and in common practice are used interchangeably Definitions & Differences Strictly speaking Legal Medicine is primarily the application of medicine to legal cases Forensic Medicine concerns with the application of medical knowledge to elucidate legal problems. Differences in Scopes William J. Curran a prominent Harvard professor of legal medicine defines Legal Medicine as encompassing those specialty areas of medicine concerned with relations to substantive law and legal institutions Forensic Medicine deals with investigation , preparation, preservation and presentation of evidence and medical opinion in courts and other legal, correctional and other law-enforcement settings According to Dr Henry C. Lee an eminent U.S. forensic expert who claims that Forensic Medicine has a broader definition than Legal Medicine FM encompasses a variety of fields in forensic science such as, pathology, anthropology, odontology, toxicology, entomology, et al Its application is limited not only to legal issues but also covers historical, environmental and social political issues Legal Medicine refers to substantive law defining the relationship between and among hospitals, doctors, patients, whereas Forensic Medicine deals with activities or acts punishable under our local laws Dr. Henry C. Lee, Medical Jurisprudence denotes the knowledge of law in relation to the practice of medicine It concerns with the study of the rights, duties and obligations of a medical practitioner with particular reference to those arising from a doctor-patient relationship Nature of the Study of Legal Medicine: Knowledge of legal medicine means: ability to acquire facts power to arrange those facts in their logical order draw a conclusion from the facts which may be useful in the administration of justice

power to impart to others verbally or in writing all those he has observed. Facts & Fallacies Misconceptions among the public Medicolegal practitioners must also be lawyers One has to be a pathologist to be involved in this line of work Who is who? A physician who specializes or is involved primarily with medico-legal duties is known as a Medical Jurist (aka Medical Examiner, Medico-legal Officer, Medicolegal Expert) e.g. Dr V.V. Villasenor (PNP Crime Laboratory) Dr. Ronaldo Bandonill (NBI) Atty. Molly Cr. Abiog, M.D. is a doctor and a lawyer, but not a Medico-legal Officer! Who are the Medico-Legal Practitioners? Can either be in the service of the government or in private practice. In government Connected with law enforcement agencies such as the police departments Legitimate investigative bodies such as the PNP Crime Laboratory Medicolegal division of the National Bureau of Investigation Physicians employed by the government as they are mandated by law to perform autopsies on medicolegal cases Municipal Health Officer Provincial Health Officers Who are the Medico-Legal Practitioners? As private practitioners Consultants in private hospitals to whom are referred medicolegal patients. As part of the Hospital Team that monitors the patients condition while confined at the Hospital. When the patients case goes to court, the medicolegal practitioner is called to testify on the fact of the injury, the treatment the patient received in the Hospital, his expert opinion as to the cause of the patienty Who are authorized by law to perform autopsies? Sec. 95, P.D. 856, Code of Sanitation: Health Officers Medical Officers of Law enforcement agencies Members of the Medical Staff of Accredited hospitals Code of Medical Ethics of the Medical Profession of the Philippines. Sec. 2. Art. III states: However, it is the duty of every physician, when called upon by the judicial authorities, to assist in the administration of justice on matters which are medico-legal in character Distinction between an ordinary physician and a medical jurist: What are these so-called MEDICOLEGAL CASES?

Injuries or deaths involving persons who have no means of being identified Persons pronounced as dead on arrival (DOA) Deaths under the following circumstances: Death occurring within 24 hours of admission when the clinical cause of death is unknown or undeterminable; Unexpected sudden death especially when the deceased is in apparent good health; Death due to natural disease but associated with physical evidence suspicious of foul play; Death as a result of violence, accident, suicide or poisoning; Death due to improper of negligent act of another person; Victims of physical injuries caused by the following: Physical violence such as gunshot wound, stab wound, mauling, etc.; Vehicular accident Asphyxia Electrocution Chemical or thermal insult Accident Attempted Homicide or suicide Poisoning Cases of child abuse, domestic violence, rape, alcoholism and drug addiction; Cases involving the mental competency of the patient; Iatrogenic causes brought about by negligent acts or omissions of the hospital staff resulting in violation of rights of patients or leading to his physical and mental incapacitation, physical injury and death. Under Philippine laws, medico-legal deaths must undergo mandatory autopsy No consent is required for the autopsy although the next of kin is informed of this requirement and his signed consent obtained as a matter of courtesy Death certificate cannot be completed without the autopsy. If the hospital has no authority to conduct autopsy, it refers the case to a government body which can do it either to the PNP or the NBI or top a Municipal or Provincial Heath Officer If the Hospital has the authority to conduct autopsy but the relatives refuse to cooperate, the death certificate is merely filled up by putting as the cause of death undetermined In effect, it is also as if no death certificate has been issued because legally the body cannot be buried without a cause of death Major capabilities of a medico-legal officer: Conducts autopsy examination of victims of sexual crimes examination of victims of Physical injuries examination of skeletal remains blood and blood stain, seminal fluid/stainexamination of body fluids Exhumation of bodies Histopathological examinations Branches of Law where Legal Medicine maybe applied: Civil Law Paternity and filiations; Determination of or change in Civil Personality/Status of persons;

Adoption, Declaration of Nullity of Marriage, Legal Separation, etc. Criminal Law Circumstances affecting criminal liability Crimes against persons Crimes against chastity Remedial Law Rules on evidence Proceedings for hospitalization Physical/mental examination of a person Autopsies shall be performed in the following cases: Whenever required by special laws Upon order of a competent court, mayor and a provincial or city fiscal Upon written request by police authorities Whenever the Solicitor General, provincial or city fiscal deem it necessary to dissenter and take possession of the remains for examination to determine cause of death Whenever the nearest kin shall request in writing the authorities concerned to ascertain the cause of death FORENSIC Science Disciplines: Hair Analysis DNA Analysis Fiber Analysis Forensic Anthropology Glass fragments and paint chips Forensic Archaeology analyses Forensic Pathology Ballistics and Tool marks Forensic Odontology Fingerprints Questioned Document analysis Footwear Forensic Psychiatry & Psychology Tire Impressions Blood Splatter Analysis ASSIGNMENT: Bring to class next meeting Medico-legal certificate Autopsy Report Case Discussion: An 18 year old female, single, came to a medical clinic complaining that she has been raped. History of the Present Complaint: One (1) month PTC, Mr. X by use of force and intimidation had carnal knowledge with her at Burnham Park @ 2:00 p.m. For fear of her parents wrath, she kept what happened to herself and came for medical examination only today. Examination results: Recently healed hymeneal lacerations at 4 and 6 oclock; No signs of recent application of force at the perineal area; Internal Examination, admits 2 examining fingers with ease; shallow vaginal rugosities; Laboratory Examinations: Positive for spermatozoa, no gram negative cocci. Conclusions: -non-virgin state; -healed lacerations at 4 and 6 oclock -presence of Spermatozoa, Conclusion: recent sexual intercourse within the last 24 hrs.

Medical Evidence Atty Molly Cr Abiog, MD, LlB University of the Cordilleras College of Law Definition Evidence- (Sec. 1, Rule 128) The means sanctioned by the Rules of Court of ascertaining in a judicial proceeding the truth respecting a matter of fact If the means to prove a fact is medical in nature, then it becomes medical evidence Types of Medical Evidence: 1. Autoptic or Real Evidence 2. Testimonial Evidence 3. Experimental Evidence 4. Documentary Evidence 5. Physical Evidence Types of Medical Evidence: 1. Autoptic or Real Evidence Made known or addressed to the senses of the court, not limited to vision Sec. 1 Rule 130 , Rules of Court: Limitations to the presentation of autoptic or real evidence: Indecency and impropriety Repulsive objects and those offensive to the sensibilities Types of Medical Evidence 2. Testimonial Evidence Physician may be commanded to appear before the court to give his testimony Physician may be presented in court as an Ordinary witness or Expert witness Types of Testimonial Evidence A. Ordinary Witness: A physician who testifies in court on matters he perceived from his patient in the course of physician-patient relationship is considered as an ordinary witness Sec. 18, Rule 130- Exemption to the ordinary witness rule, privilege of communication between physician and patient- (Sec. 24 (c), Rule 130) Hearsay information is as a rule not admissible in court (Sec. 30, rule 130) Exemption to non-admissibility of hearsay evidence -DYING DECLARATION (Sec 37, Rule 130) Types of Testimonial Evidence B. Expert Witness: A physician on account of his training and experience can give his opinion on a set of medical facts Sec. 49, Rule 130, Opinion Rule Types of Medical Evidence 3. Experimental Evidence: Example: A doctor may come to court and give lethal injection of poison to a rat to demonstrate its effect on human beings Types of Medical Evidence 4. Documentary Evidence: Most common is medico-legal certificate (Bring-out your medico-legal certificate) Types: Medical Certificate Medical Examination, Physical Examination, Necropsy (autopsy), Laboratory Examination, Exhumation, Birth Certificate and Death Certificate Medical Expert Opinion- Conclusions Depositions Types of Medical Evidence

5. Physical Evidence: Articles or materials found in connection with the investigation Aids in establishing the identity of the perpetrator or the circumstances under which the crime was committed, or In general assist in the prosecution of the criminal Types: A. Corpus Delicti Evidence - Objects or substances, which may be part of the body of the crime Types of Physical Evidence B. Associative Evidence Physical Evidence which links a suspect to a crime. e.g. Broken headlights of a car wearing apparel of offender in the crime scene of rape C. Tracing evidence Physical Evidence that may help the investigator to locate the suspect e.g. Drops of blood going towards the direction where the suspect fled Preservation of Evidences Methods of Preserving Evidences: 1. Photographs, Audio or video tape, microfilm, photostat, photocopy (xerox), voice tracing 2. Sketching 3. Description 4. Manikin 5. Preservation in the mind of the witness 6. Special Methods Methods of Preserving Evidences 1. Photography most practical, useful, reliable means of preservation Audio or videotape - Identification of voice from recording instrument may sometimes be difficult Methods of Preserving Evidences Audio recording may be dependent on 1. Speed 2. Volume 3. Pitch 4. Timbre These may change by the instrument used in the recording and replaying Methods of Preserving Evidences 2. Sketching kinds: Rough sketch made at the crime scene or during examination of living or dead body Finished sketch prepared from the rough sketch for court presentation Sketching Method Essential Elements of the Sketch 1. Measurement must be accurate 2. Compass direction to facilitate proper orientation in crime scene 3. Essential items with bearing to the investigation must be included 4. Scale & proportion must be stated 5. Title & legend to tell what it is & the meaning of certain marks Methods of Preserving Evidences 3. Description: Putting into words the person or thing to be preserved Minimum Standard Requirements Skin Lesion kind, measurement, location, orientation

Penetrating wound (punctures, stab, gunshot) kind, shape, location, orientation, direction, other structures involved, complications and foreign elements that may be present Description Methods Minimum Standard Requirements Hymenal lacerations location, degree, duration, complication Person those requirement in portrait parle Methods of Preserving Evidences: 4. Manikin Method: In a miniature model of scene or of a human body indicating marks of the various aspects of the things to be preserved An anatomical model or statuette may be used and injuries are indicated with their appropriate legends Although it may not indicate the full detail of the lesion, it is quite impressive to the viewer as to the nature and severity of the trauma Methods of Preserving Evidences: 5. Preservation in the mind of the witness: Disadvantages A. Capacity to remember time, place and event may be destroyed or modified by the length of time, age of the witness, confusion with other evidences, trauma or disease, thereby making the recollection not reliable Preservation in the Mind of the Witness Disadvantages B. The preservation is co-terminus with the life of the witness If the witness dies, then the evidence is lost C. Human mind can easily be subjected to too many extraneous factors that may cause distortion of truth Other persons may influence a witness to serve the interest of another or state untruthful facts to justify an end Methods of Preserving Evidences: 6. Special Methods Special way of treating certain type of evidence may be necessary Preservation may be essential from the time it is recovered to make the condition unchanged up to the period it reaches the criminal laboratory for appropriate examination Methods of Preserving Evidences: 6. Special Methods Special Methods of Preservation A. Whole human body embalming B. Soft Tissue 10% formalin solution C. Blood refrigeration, sealed bottle container, chemical preservatives D. Stains (blood, semen) drying or sealed container E. Poison sealed container F. Tissue sections Kinds of Evidence Necessary for Conviction 1. Direct Evidence That which proves the fact in dispute without the aid of any inference or presumption. Res ipsa loquitor evidence speaks for itself 1. Circumstantial Evidence Proof of fact(s) from which taken either singly or collectively, the existence of a particular fact in dispute may be inferred as a necessary or probable consequence When is Circumstantial Evidence Sufficient to Produce Conviction? 1. More than 1 circumstance 2. Fact(s) from which inferences are derived are proven 3. When combination of all circumstances is such as to produce a conviction beyond reasonable doubt (Sec 4, Rule 123, Rules of Court) QUALITIES of a GOOD EXPERT WITNESS:

Reputable professional background (education, formal training, office, work/experience, affiliations) Personal integrity and good judgment Attitude of competence, credibility and concern Objective, neutral, independent and sincere QUALITIES of a GOOD EXPERT WITNESS: the truth, the whole truth and nothing but the truth Credibility hinges on not just what was said but how it was said Convincing Able to communicate (clear, articulate, simple, concise; in lay mans terms) A good teacher QUALITIES of a GOOD EXPERT WITNESS: Not an advocate even if he/she testifies for only one side of the case Opinions/conclusions are reached independently of interests of litigants Informs the counsel of the party engaging his services of all favorable and unfavorable information Must acquaint himself/herself of courtroom procedures, decorum, layout, availability of presentation aids QUALITIES of a GOOD EXPERT WITNESS: Must disclose to the lawyer who engages him anything that he thinks might affect the effectiveness of his testimony Willing to disagree with so-called authorities if convinced that they are wrong Recognizes that contrary opinions will not necessarily discredit him Most effective if firmly convinced that the theory of liability espoused by counsel is viable and he/she corroborates this EXPERT WITNESS: Entitled to funds covering travel and attendance in court, and an expert witness fee Must not be compensated on a contingent fee basis Preferably makes an oral report rather than in writing Is served with a subpoena to indicate he is not a voluntary witness Is put on call during the trial Truth A good lawyer wants you to find out the TRUTH, and he/she wants to know ahead of time so he/she is not caught by surprise later on. If an experts opinion is contrary to what the lawyer expects to prove his case, all is not lost. He might want to settle rather than go to trial. Assignment for Lecture 2: Make a Trial Brief for the presentation of an expert witness who is a physician in this case Grade credit for Preliminary Examination: 20% of Final Grade. Case: Andawi Jeoffrey Case Discussion: Case Discussion: Deception Detection Atty Molly Cr Abiog, MD, LlB University of the Cordilleras College of Law Pursuit of Truth Knowledge of Truth Essential requirement for the administration of justice Success or failure may rest solely on the ability to evaluate the statement given by the suspect or witness Task for its determination lies solely on the hand of the investigator Methods of Deception Detection

Devices that record psycho-physiological responses Use of Drugs that try to inhibit the inhibitor Hypnotism By observation Scientific interrogation Confession Nervous System Nervous System has three major components 1. Central Nervous System 2. Autonomic Nervous System 3. Peripheral Nervous System Nervous System Central Nervous System Primarily controls the motor and sensory functions that occur at or above the threshold May be voluntary or involuntary Autonomic Nervous System A self-regulating autonomic response of the body Nervous System Autonomic Nervous System 2 Complimentary branches Sympathetic: Physical strain, emotional (fear, anger, excitement, lie detection) Parasympathetic: Works to restore things to normal (calm, contented, relaxed) Devices That Record Psycho-physiological Responses 1.1 Polygraph or lie detector machine 1.2 Word association test 1.3 Psychological stress evaluator 1.1 Lie Detector (Polygraph) Polygraph is not appropriate to be also known as lie detector A lie detector records physiological changes that occur in association with lying in a polygraph Lie Detector (Polygraph) It is the fear of the subject that allows the determination Fear of the subject when not telling the truth activates the sympathetic nervous system to a series of automatic and involuntary physiological changes, which are recorded by the instrument Polygraph Examination Inadmissibility Reasons for the inadmissibility to the court of the result of polygraph examination: Experimental Stage: lacks degree of standardization Useful in investigation of a crime but has no place in courtroom Trier of fact is apt to give almost conclusive weight to the polygraph experts opinion Inadmissibility of Polygraph No way to assure that a qualified examiner has administered the test High degree of accuracy when done under controlled conditions by an examiner who is highly qualified due to his ability, experience, education & integrity Judge is the one running the show in the courtroom and not the polygraph expert

Examinee may unwittingly waive his or her right against self-incrimination Test itself has many errors! Dilemma of the Polygraph Not quantifiable Test itself has many errors=25% Dilemma of the Polygraph Q: Can a person be compelled to be subjected to a lie detector test? A: Inasmuch as the test requires the answer yes or no, it infers the use of intelligence and attention or other mental faculties which is self-incriminatory. Thus, a person can not be compelled to be subjected to a lie detector test When is the lie detector test result admissible in court? If there is a stipulation of the parties and counsels that they will accept the results If the defendant agrees to the admission of the polygraph result, then he should not object if the subsequent result turns to be unfavorable to him Judge has the discretion as to admissibility of the test result Other Devices that Record Psycho-physiological responses 1.2 Word Association Test Lists of stimulus and non-stimulus words are read to the subject who is instructed to answer as quickly as possible Methods: Answer to the question may be yes or no Answer of the subject is to be recorded When the subject is asked questions with reference to his name, address, civil status, nationality, etc. that has no relation with the subject-matter of the investigation, the tendency is to answer quickly Word Association Test When the question bear some words which have to do with the criminal act the subject allegedly committed, like knife, gun or hammer which is used in the killing, the tendency is to delay the answer Test is not concerned with the answer, be it a yes or a no. the important factor is the time of response in relation to stimulus or non-stimulus words Subject cannot be compelled to be subject to the test without his consent Other Devices that Record Psycho-physiological Responses 1.3 Psychological Stress Evaluator (PSE) When a person speaks, there are audible voice frequencies, and superimposed on these are the inaudible frequency modulations, which are products of minute oscillation of the muscles of the voice mechanism Such oscillation of the muscles or microtremor occurs at the rate of 8 to 14 cycles per second and controlled by the nervous system. Other Devices that Record Psycho-physiological Responses Psychological Stress Evaluator (PSE)

2.1 2.2 2.3 2.1

2.1

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When a person is lying, the microtremor in the voice utterance is moderately or completely suppressed Degree of suppression varies inversely to the degree of psychological stress in the speaker. PSE detects, measures and graphically displays the voice modulation that we cannot bear 2. USE OF DRUGS THAT TRY TO INHIBIT THE INHIBITOR Administration of truth serum Narcoanalysis or narcosynthesis Intoxication Use of drugs that inhibit the inhibitor Use of Truth Serum - a misnomer! Does not make someone tell the truth and what is administered is not a serum but is actually a drug Hyoscine hydrobromide-by hypodermic injection Depressant of CNS- (cortex, diencephalons) Repeated doses induces to a state of delirium Patient feels the compulsion to tell the truth, forgets his alibi, gives details of his acts or may even implicate others Has potential risk, seldom used by law enforcement agencies Use of drugs that inhibit the inhibitor Use of Truth Serum Statements taken from the subject while under the influence of the truth serum are involuntarily obtained hence they are not admissible as evidence Drugs that inhibit the inhibitor Narcoanalysis or Narcosynthesis Use of Sodium amytal/ Sodium pentothal Drug causes the depression of the inhibitory mechanism of the brain and the subject talks freely Administration of this drug and subsequent interrogation must be done by a psychiatrist with a long experience on the line Not admissible in court also Drugs that inhibit the inhibitor Intoxication with Alcohol: In Vino Veritas Ability of alcohol to reveal the real person behind the mask which all of us are said to wear (mask of sanity) is reflected in the age-old maxim, in vino veritas (in wine there is truth) Method Employed in Intoxication with Alcohol Person whose statement is to be taken is allowed to take alcoholic beverages to almost intoxication At this point the power to control diminishes and the investigator starts pounding questions and recording answers Method Employed in Intoxication with Alcohol Questioning must start during the excitatory state when the subject has the sensation of his well-being and when his action, speech and emotion are less strained due to the lowering of the inhibition normally exercised by the higher brain centers.

But when the subject is already in depressive state, he will no longer be able to answer any question Method Employed in Intoxication with Alcohol Confessions made by the subject while under the influence of alcohol may be admissible if he is physically capable to recollect the facts that he uttered after the effects of alcohol have disappeared But in most instances, subject can not recall everything that he had mentioned or he may refuse to admit the truth of the statement given Other Methods of Deception Detection 3. HYPNOSIS: The alteration of consciousness and concentration in which the subject manifests a heightened of suggestibility while awareness is maintained Not all persons are susceptible to hypnotic induction Subjects who are compulsive-depressive type, strong-willed like lawyers, accountants, physicians and other professionals are usually non-hypnotizable Not admissible in court Reasons why Hypnotism is Not Admissible in Court It lacks the general scientific acceptance of reliability of hypnosis per se in ascertaining the truth from falsity The fear that the trier of facts will give uncritical and absolute reliability to a scientific device without consideration of its flaws in ascertaining veracity Possibility that the hypnotized subject will deliberately fabricate Reasons why Hypnotism is Not Admissible in Court Prospect that the state of heightened suggestibility in which the hypnotized subject is suspended will produce distortion of the fact rather than the truth State of the mind, skill and professionalism of the examiner are too subjective to permit admissibility of the expert testimony Reasons why Hypnotism is Not Admissible in Court Confession while under hypnotic spell is not admissible as evidence because such psychiatric treatment is involuntary and mentally coercive (Leyra v Demro, 347 U.S. 556, 74 S Ct 716, 98 (1954) Although hypnosis may not yield admissibility evidence it may be of some use during investigation as a discovery procedure 4. BY OBSERVATION A good criminal investigator must be a keen observer and a good psychologist A subject under stress on account of the stimulation of the sympathetic nervous system may exhibit changes that may be used as a potential clue of deception And since just one or a combination of the following signs and symptoms are not conclusive or a reliable proof of guilt of the subject, their presence infers further investigation to ascertain the truth of the impression

Physiological and Psychological Signs and Symptoms of Guilt Sweating Sweating accompanied by a flushed face indicate anger, embarrassment or extreme nervousness Sweating with a pallid face may indicate shock or fear Sweating hands indicate tension Color Change Flushed face: anger, embarrassment and shame Pale face: sign of guilt Physiological and Psychological Signs and Symptoms of Guilt Dryness of the Mouth, Swallowing and Licking of the lips Excessive Activity of the Adams Apple Peculiar feeling inside Tension of lightness of the head and the subject is confused Physiological and Psychological Signs and Symptoms of Guilt Fidgeting Subject is restless, nervous and observed to moving about in the chair pulling his ears rubbing his face picking and tweaking the nose crossing and uncrossing his legs rubbing the hair, eyes, eyebrows biting or snapping fingernails, etc Physiological and Psychological Signs & Symptoms of Guilt Swearing to the truthfulness of his assertion Usually a guilty subject frequently utters such expressions Matayak man tatta (Mamatay man ako ngayon) Tamaan dak man ti kidlat(Tamaan man ako ng kidlat) I swear to God I am telling the whole truth I hope my mother drops dead! I swear to God etc Such expressions are made to make forceful and his assertion of innocence Physiological and Psychological Signs and Symptoms of Guilt Spotless past records Religious man Subject may assert that it is not nor possible for him to do anything like that inasmuch as he is a religious man and that he has a spotless record Physiological and Psychological Signs and Symptoms of Guilt Inability to look at the investigator straight in the eye Subject does not look into the investigators eyes for the fear that his guilt may be seen in his eyes He will rather look at the floor or at the ceiling Not that I remember expression Subject will resort to the use of not that I remember expression when answering to be evasive or to avoid committing something prejudicial to him 5. SCIENTIFIC INVESTIGATION Questioning of a person suspected of having committed an offense or of persons reluctant to make a full disclosure of

A. 1.

2. B. 1.

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information in his possession which is pertinent to the investigation May be done on a suspect or a witness Types of Criminal Offenders For purposes of investigation, the different types of Criminal Offenders: Based on behavioral attitude Active aggressive offenders - impulsive manner Aggressive behavior e.g. crimes of passion, revenge and resentments Passive inadequate offenders Types of Criminal Offenders Based on the state of the mind: Rational offenders Those who commit crime with motive or intention and with full possession of their mental faculties E.g.: Killing with evident premeditation Irrational offenders Those who commit crime without knowing the nature and quality of his act. Example: Mad killer Types of Criminal Offenders Based on proficiency Ordinary offenders Professional offenders Example: Pick-pocketing and shoplifting Types of Criminal Offenders Based on Psychological classification Emotional offenders Sympathetic approach Non-emotional offenders Persons who commit crimes for financial gain Usually recidivist or repeaters Appeal to his common-sense and reasoning rather than to his emotion Some Techniques of Interrogation Emotional appeal Mutt and Jeff technique Bluff on split-pair technique Stern approach Subject is given the opportunity to make a lengthy, timeconsuming narration 6. Confession An expressed acknowledgment by the accused in a criminal case of the truth of his guilt as to the crime charged, or of some essentials thereof Is different from admission Admission is a statement of fact by the accused which does not directly involve an acknowledgment of guilt Kinds of Confession Extrajudicial confession Made by an accused outside of court prior to trial

Not sufficient ground for conviction, unless corroborated by evidence of corpus delicti Corpus delicti body of crime or fact of specific loss or injury sustained Types Voluntary Involuntary Kinds of Confession Judicial confession Made in an open court Conclusive upon the court & may be considered a mitigating circumstance to criminal liability A plea of guilty when formally entered on arraignment is sufficient to sustain of any offense, even a capital one, without further proof Sec 2, Rule 129, Rule of Court Maltreatment of Prisoners Maltreatment of prisoners for the purpose of exhorting confession or to obtain some information is a crime! Art 235, Revised Penal Code Penalty of arresto mayor in its medium period to prision correccional in its minimum period Torture or cruel inhuman treatment As defined under Tokyo Declaration Deliberate, systematic or wanton infliction of physical or mental suffering by one or more persons acting alone or on the orders of any authority, to nforce another person to yield information to make a confession or for any other reason Lecture 4 Part I Identification and DNA Fingerprinting Atty Molly Cr Abiog, MD College of Law University of the Cordilleras Identification IDENTIFICATION Determination of the individuality of a person or a thing Importance: In the prosecution of a criminal offense, the identity of the offender and that of the victim must be established Otherwise it will be a ground for the dismissal of the case or the acquittal of the accused Importance of Identification Identification of a person missing or presumed dead will facilitate Settlement of the ff Estate Retirement Insurance and Other social benefits It vests on the heirs the right over the properties of the identified person Importance of Identification If the identity cannot be established, then the law on presumption of death (Art. 390, Civil Code) must be applied which requires the lapse of seven years before a person can be presumed dead In special instances, the seven years period may be reduced to four years (Art. 391, Civil Code) Importance of Identification

Identification resolves the anxiety of the next-of-kin, other relatives and friends as to the whereabouts of a missing person or victim of calamity or criminal act Importance of Identification Identification may be needed in some transactions, like Encashment of check Entering a premise Delivery of parcels of registered mail in post office Sale of property Release of dead bodies to relatives Parties to contract, etc. Rules in Personal Identification Laws of Multiplicity of Evidence in Identification Value of the different points of identification varies in the formulation of a conclusion Fingerprints Visual recognition Rules in Personal Identification The longer interval between death and examination of the remains for purposes of identification, the greater need for experts in establishing identity Rules in Personal Identification Inasmuch as the object to be identified is highly perishable, it is necessary for the team to act in the shortest possible time especially in case of mass disaster Rules in Personal Identification No rigid rule observed in the procedure of identification of persons Methods of Identification By comparison Identification criteria recovered during investigation is compared to records available in the file or Postmortem findings are compared with antemortem records, eg Latent fingerprints recovered from the crime scene are compared with the fingerprints on file of an investigating agency Methods of Identification Dental findings on the skeletal remains are compared with the dental records of the person in possession of the dentist By exclusion If two or more persons have to be identified and all but one is not yet identified, then the one whose identity has not been established may be known by the process of elimination IDENTIFICATION OF PERSONS (Outline) I. Ordinary Methods of Identification A. Points of Identification Applicable to Living Person Only 1) Characteristics which may easily be changed 2) Characteristics that may not easily be changed B. Points of Identification Applicable to Both Living & Dead Before Onset of Decomposition II. Scientific Methods of Identification Ordinary Methods of Identification Characteristics which may easily be changed: Growth of hair, beard and mustache Clothing Frequent place of visit Grade of profession Body ornamentations Characteristics which may NOT be easily changed Mental memory Speech Gait patterns Mannerism stereotype movements or habits peculiar to an individual Hands and feet

Complexion Changes in the eyes Facies Left or right handedness Degree of Nutrition Points of Identification Applicable to both Living and Dead before decomposition sets in: 1. Occupational Mark 2. Race color of skin features of face features of skull wearing apparel 1. Stature: a person ceases to increase in height after the age of 25 2. Tattoo marks 1. Occupational Marks Shoemaker depressed sternum Painters stains of hands & fingernails Engineers & Mechanics grease on hands & nails Baker & Miller flour dust on clothing & body Mason callosities on the palms of the hands Blacksmith scars from burns at the back of hands Miner tattoo on the hand Dyer, photographic developer, printer chemical stain of the hands 2. Race Differences 3. Stature Growth most active from 5 7 and from 13 16 yrs Growth of person rarely exceeds 5.0 cm after age 18 yrs Person ceases to grow in height after age 25 yrs When rate of growth is increased, horizontal growth is reduced Shrinkage of height Old age Osteoporosis Long standing debilitating disease Methods of Approximating the Height of a Person Measures distance between the tips pf the middle fingers of both hands extended laterally 2X length of one arm plus 12.5 inches from the clavicle and 1.5 inches from the sternum 2X the length from the vertex of the skull to the pubic symphysis Methods of Approximating the Height of a Person Distance between the suprasternal notch and the pubis symphysis is about one-third of the height Distance from the base of the base of the skull to the coccyx is about 44% of the height Length of forearm from tip of olecranon process to the tip middle finger is 5/19 of the height (or 19/5 times forearm length) 8X the length of the head is approximately equal to the height of the person 4. Tattoo Marks Tattoo marks-- introduction of coloring pigments in the layers of the skin by multiple puncture Importance Helps in identifying a person Indicates memorable events in his life Indicate the social stratum to which the person belong. Implies previous commitment in previous or membership in a criminal gang Art of Tattooing Points of Identification Applicable to both Living and Dead before decomposition sets in: 5. Weight - easily changes from time to time.

6. Deformities - congenital or acquired 7. Birth marks - spot nevi, port wine, or a mongolian blue spot described as to shape. Location, dimension, color, or degree of pigmentation 8. Injuries leaving permanent results - amputation, improper union of fractured bones. 9. Moles 10. Scar 10. Scar Scar - Remaining mark after healing of wounds Characteristics of the scar may show the cause of the previous lesion: Surgical operation: regular form and situation of stitch marks Burns ands scald- scars are large, irregular in shape, and may lead to keloids. Scar of scald may show stippled surface Gunshot wounds- depressed are center and may be adherent to the underlying tissue Characteristics of the scar Tuberculosis sinus- Irregular in shape furrowed, with edges Flogging- Fine white lines diagonally across back, depressed small spots are interval Gumma- depressed scar following loss of tissue Lupus bluish-white scar VenesectionWet cupping- Short parallel scars on lower part of the back and loin Points of Identification Applicable to both Living and Dead before Decomposition Sets in: 11. Tribal marks- marks on the skin by tattooing or branding 12. Sexual organ- circumcision 13. Blood examination- blood type, disease, parasitic infection or toxic substances present may be utilized to distinguish one person from another ANTHROPOMETRY (Bertillon System) Anthropometrical measurement of the human body as the basis of identification Basis: Human skeleton is unchangeable after the twentieth year Impossible to find two human beings having bones exactly alike Necessary can easily be taken with the aid of a simple instrument ANTHROPOMETRY (Bertillon System) Information included in the Bertillon System Descriptive data color of hair, eyes, skin . . . Body marks moles, scar, tattoo Anthropometric measurements Body measurements height, width, sitting height Measurement of head Measurement of the limbs ANTHROPOMETRY PORTRAIT PARLE- (Spoken Picture) a verbal, accurate and picturesque description of the person identified ANTHROPOMETRY ROGUES GALLERY or PHOTOGRAPHIC FILESmarked files wherein the picture of a suspect is compared with the cartographic sketch EXTRINSIC FACTORS IN IDENTIFICATION: Ornamentations Personal belongings Wearing apparel Foreign bodies Identification by close relatives Identification records on file at the police department, immigration bureau, hospitals, etc. Identification photograph LIGHT AS A FACTOR IN IDENTIFICATION

Particularly important when there is an eye witness to a crime: 1. Clearest Moonlight or starlight Experiments have shown that the best-known person cannot be recognized by the clearest moonlight at a distance greater than 16 to 17 yards and by starlight any farther than 10-13 yards LIGHT AS A FACTOR IN IDENTIFICATION: Particularly important when there is an eye witness to a crime: 2. Broad daylight A person can hardly recognize another person at a distance farther than 100 yards if the person has never been seen before, Persons who are almost strangers may be recognized at a distance of twenty-five yards LIGHT AS A FACTOR IN IDENTIFICATION: 3. Flash of firearms By experiment, letters 2 inches high can be read with the aid of the flash of caliber .22 firearms at a distance of two feet BUT it is hardly possible for a witness to see the assailant in case of a hold-up or a murder because: Usually the assailant is hidden Assault is unexpected and attention of witness is at its minimum LIGHT AS A FACTOR IN IDENTIFICATION: 4. Flash of lightning Produces sufficient light for the identification of an individual provided that the persons eye is focused towards the individual he wishes to identify during the flash 5. Artificial light Identity is relative to the kind and intensity of the light Experiments maybe made for every particular artificial light concerned II. Scientific Methods of Identification A. Fingerprinting B. Dental Identification C. Handwriting D. Identification of skeleton E. Determination of sex F. Determination of age G. Identification of blood and blood stains A. Identification of hair and fibers B. DNA Fingerprinting A. FINGERPRINTING Most valuable method of identification; universally used because: There are NO two (2) identical fingerprints Fingerprints are not changeable Fingerprints are an indelible signature which a person carries from cradle to grave Uses of Fingerprints: 1. Help establish identification in cases of dead bodies and unknown or missing persons 2. Fingerprints recovered for scne of crimes are associative evidence, associative persons are weapons 3. Fingerprints on file are useful for comparative purposes and for the knowledge of previous criminal records 4. Among illiterate, right thumb printing is substitute for signature on legal documents (Philippines), left thumb (India) and right pointing finger (Spain) A. Fingerprinting Dactylography Art and study of recording fingerprint as a means of identification Dactyloscopy Art of identification by comparison of fingerprints Study and utilization of fingerprints Poroscopy Type study of identification of the pores found on the papillary or friction ridges of the skin for purposes of identification

aka Locards Method of Identification Methods of Producing Impressions (Fingerprints) Plain method Rolled method Kinds: Real Impressions Chance Impressions Methods of Producing Impressions (Fingerprints) Chance Impressions may be Visible print Visible without previous treatment Visible immediately after impression Plastic print Printed on paraffin, putty, resin, cellophane, plastic, tape, butter, soap, and etch Latent print Prints that are not visible after impression but made visible by the addition of some substances B. Dental Identification Important in the following reasons 1. The possibility of two (2) persons to have the same dentition is quite remote. Why? 32 teeth (Adult) have five (5) surfaces Some of the teeth may be missing, carious, with filling materials, and with abnormality in shape and other peculiarities 2. Enamel of the teeth is the hardest substance of the human body, to outlast all other tissues during putrefaction or physical destruction Dental Identification 3. After the death, the greater the degree of the tissue destruction, the greater is the importance of dental characteristics as means of identification 4. The more recent the ante-mortem records of the person to be identified, the more reliable is the comparative or exclusionary mode of identification that can be done Accurate Dental Recording P.D. 1575 requires that practitioners of dentistry to keep records for 10 years of their patients to make accurate dental records available for purposes of comparison or exclusionary mode of identification. Upon the lapse of ten years, they shall turn over the dental records to the NBI Forensic Odontologist- dentist specializing in dental identification Sex- examination for the presence of Barr bodies (sex identification) from palatal scrapping C. Handwriting A person may be identified through: Handwriting Handprinting Handnumbering Handwriting, How proven? Sec.23, Rule 132 of Court: the genuineness of any disputed handwriting may be proven by: Acknowledgement of the alleged writer that he wrote it Statement of the witness who saw the writing made and is able to identify it as such By the opinion of persons who are familiar with the handwriting of the alleged writer By the opinion of an expert who compares the questioned writing with that of other writings which are admitted or treated to be genuine by the party against whom the evidence is offered See Sec. 44 (b), Rule 130- Opinion of Ordinary witness Some practical uses of handwriting examination: Financial crimes- bogus checks, credit cards fraud and embezzlement

Death investigation- suicide notes, hotel registration cards, letter of explanation. Robberies- pawnshop receipts, cashing of stolen checks Kidnapping with ransom- demand notes, threatening letter. Anonymous threatening letters Falsification of documents- deeds of conveyance, receipts Handwriting Bibliotics Science of writing analysis Study of documents & writing materials to determine its genuineness and authorship Experts on this is called bibliotist, handwriting expert or qualified question document examiner Graphology Study of handwriting for the purpose of determining the writers personality, character and aptitude Handwriting Handwriting- is a complex interaction of nerves, memory and muscular movement. It is influenced by several factors and may be changed or modified during the life-span of a person Giving a Sample of Ones Signature As a respondent, can you be compelled to give a sample of your signature/handwriting for the purpose of comparing the same to a questioned signature? Why? No, because handwriting is not a mere physical movement of ones arms, movement of hands, but involves ones intelligence Therefore, it is a testimonial knowledge violative of the right against self-incrimination Points to be Considered In Questioned Document Examination Size Slant Spacing Proportion of the letters Speed & Rhythm in writing Shading & change in position in pen hold Pressure Penlift Initial & Terminal strokes Alignment Handwriting Exam Done by Comparison with known Standards Two (2) types of handwriting examination Collected (procured) standard Consist of handwriting by a person suspected to have written the questioned document It may be found in public or private records of the person or from other sources Provided it is clear and sufficient, it is the most appropriate standard 15 handwriting specimens (used as standards) Handwriting Exam Done by Comparison with known Standards Requested standard Standards made by the alleged writer of the document in question upon the request of the examiner or persons interested in the examination Inasmuch as one of the characteristics of a good exemplar is that it must be contemporaneous with the date of the questioned document was made, the use of the requested standards is applicable only or recently written questioned documents, like extortion letter or poison notes or letter of threat or ransom, etc. Assignment Please read & review pp.71-73 of your book, Legal Medicine by Solis, 1988 ed.: Handwriting Characteristics of Illiterates Old Aged Persons and Disguised Writing

Signature Forgery Most common activity of a questioned document examiner A signature may be found on a document which appears that a person has participated in its execution and the person denied that he had signed it Such signature may be found in checks, deeds of conveyance, anonymous letters, receipts, etc. Classification of Signature Forgery 1. Traced forgeryOutlining of a genuine signature from one document onto another where the forger wishes it to appear Traced forgery is basically drawing and consequently lacks free natural movement inherent in a persons normal writing Ways of Achieving Traced Forgery The paper wherein his signature is to be copied is placed o top of the document containing the signature By means of a strong light underneath, the forged signature is traced from the genuine, either directly or lightly by a pencil outline By placing the paper to receive the signature tracing underneath the document bearing the genuine signature and by indented outline on the underneath page, or by interweaving the documents with carbon paper to produce a carbon outline on the forged paper Classification of Signature Forgery 2. Simulated forgery - An attempt to copy in a freehand manner the characteristics of a genuine signature either from memory of the signature of from a model 3. Spurious forgery - Forgers own handwriting wherein little or no attempt has been made to copy the characteristics of the genuine writing D. IDENTIFICATION OF SKELETON In the identification of bones, the following points should be determined approximately: 1. Whether remains are of human origin or not 2. Whether remains belong to a single person or not 3. Height 4. Sex 5. Race D. IDENTIFICATION OF SKELETON In the identification of bones, the following points should be determined approximately: 6. Age 7. Length of interment or length of time from date of death 8. Presence or absence of anti-mortem or post-mortem bone injuries 9. Congenial deformities and acquired injuries in the hard tissues causing permanent deformities Identification of the Skeleton How to determine whether the remains are of human origin or not: Size, shape and general features of the remains, especially that of the head must be studied Complete lay-out of the whole bones found and arranging them in their corresponding anatomical places Presence of dental fixtures, rings on the fingers, earrings in the case of women, hair and other wearing apparel, together with the remains---are strong presumption of human remains Identification of the Skeleton How to determine whether the remains comes from a single individual or not: A complete lay-out of the bones on a table in their exact locations in the human body is necessary Any plurality or excess of the bones after a complete lay-out denotes that the remains belong to more than one person However, congenital deformities must not be forgotten

The inequality in sizes, specially in the limbs may be antemortem Identification of the Skeleton Basis of the estimate for duration of interment: Presence or absence of soft tissue still adherent to the bones Firmness and weight, brittleness, dryness of the bones Degree of erosion of the surface of the bones Changes in the clothing, coffin and painting E. DETERMINATION OF SEX Legal importance of determination of Sex Determination As an aid in identification To determine whether an individual can exercise certain obligations vested by law on one sex only Marriage or the union of a man and a woman Rights granted by law are different to different sexes There are certain crimes wherein a specific sex can only be the offender or victim Marriage or the Union of a Man and a Woman Any male of the age of 16 yrs or more, and any female age 14 yrs or more, not under any of the impediments mentioned in Articles 80 to 84 may contract marriage (Art 54, Civil Code) Rights granted by Law are Different to Different Sexes A daughter above 21 but below 23 can not leave the parental home without the consent of the father or mother in whose company she lives, except to become a wife, or when she exercises a profession or calling, or when the father or mother has contracted a subsequent marriage (Art 403, Civil Code) Certain Crimes wherein a Specific Sex Can only be the Offender or Victim In Case of Prostitution Women who for money or profit, habitually indulge in sexual intercourse or lascivious conduct are deemed prostitutes (Art 202. No. 5, Revised Penal Code) In Adultery, the offender is a married woman In Concubinage, the offender is a husband Sex Determination How to determine sex: Social tests Genital tests Gonadal tests Chromosomal test Sex Determination Problems in Sex Determination Gonadal agenesis- testes or ovaries have never developed True hermaphrodism- A state of bisexuality. The gonads of both sexes are present which may be separated or combined as ovotestis Evidences of Sex Presumptive Evidences Highly Probable Evidences of Sex Conclusive Evidences of Sex Evidences of Sex Presumptive Evidences General features & Contour of face +/- of hair in some parts of body Length of the scalp hair Clothes & apparel, but not in transvestite Figure coke, plum Habit or inclination Voice & manner of speech Evidences of Sex Highly Probable Evidences of Sex Possession of vagina, uterus or penis Developed, large breasts in female Muscular development & distribution of fats Conclusive Evidences of Sex Presence of ovary in female or testis in male

F. DETERMINATION OF AGE Legal importance of Determination of Age: As an aid to identification Determination of criminal liability Determination of right of suffrage Determination of exercise of civil rights Determine the capacity to contract marriage As a requisite to certain crimes- rape, infanticide, seduction (qualified, simple), consented abduction As a Requisite to Certain Crimes Rape Infanticide Parricide Seductions Qualified vs Simple Consented abduction Determination of the Age of Fetus Application of the Hesss Rule or Haases Rule Fetus less than 25 cm. long (Crown to feet length) Get the square root of the length in cm and the result is the age of the fetus in months Fetus 25 cm long or more Divide the length of the fetus by 5, and the result is the age of fetus in months Examination of the product conception G. IDENTIFICATION OF BLOOD AND BLOOD STAINS Legal importance of the study: 1. For disputed parentage (maternity and paternity) a. Disputed maternity may arise Alleged switching of babies the nursery of the hospital Cases of stray children claimed by two (2) or more women For ownership of dead fetus or newly born child found in the trash b. Disputed paternity may arise Wife committed adultery & husband denied to be the father of the child G. IDENTIFICATION OF BLOOD AND BLOOD STAINS 2.. Circumstantial or corroborative evidence against or in favor of the perpetrator of a crime. E.g. A stabbed to deathB found with blooded knife 3. Determination of cause of death 4. Determination of direction of escape of victim or assailant 5. Tapering end of blood spot is towards the direction of the moving source of blood 6. Determination of approximate time of commission of crime 7. Determination of place of commission of crime 8. Determination of presence of certain diseases Process of Blood Examination: 1. Determine whether the stain is due to blood 2. If due to blood, determine whether it is of human origin or not. (Precipitin test) 3. If it is of human origin, to what group does it belong? (A, B, AB, O) 4. Does it belong to the person in question? 5. The manner, degree and condition of the article, which have been stained; 6. Age of stain Pigment & Shape of Hair Genetic factor in the Color of The Skin Features of the Skull & Bone Height vs Age Height vs Age Age Factor & Stature

Pelvis Differences in Male & Female Skeleton Identification The Romeo of your Life Per Single Ejaculate Genetic Factor in Color of the Eyes Sex Determination Skin Color & Heredity Fingerprint Fingerprint The Cell and Organelles Blood Types EEG Tracings EEG Recording Hair & Blood Stains in Struggle Medico-legal Documentation Medico-legal Documentation The Kuratong Saga Violent Death in a Vehicular Accident Lightning Victim Tattoo marks of the gangleader in Guatemala Tattoo mark of gangleader in Guatemala Tattoo mark of gangleader in Guatemala Lecture 4 Part II: Identification & DNA Fingerprinting Atty Molly Cr Abiog, MD College of Law University of Cordilleras G. Identification of Blood & Blood Stains 1. For Disputed Parentage ( Paternity or Maternity) A. Disputed Paternity may Arise: 1. When the wife committed adultery & husband denied to be the father of the child 2. When a child was born out of lawful wedlock & mother claimed someone to be the father but the father vehemently denies it 3. In a claim for support or right of succession of the alleged illegitimate child Legal Importance of the Study of Blood B. Disputed Maternity may Arise: 1. In case of allegation of interchange of baby or a child in a hospital or nursery home, either accidentally or deliberately 2. In cases of wayward or stray children being claimed by two or more women 3. For ownership of dead fetus or newly born child found in street trash Legal Importance of the Study of Blood 2. Circumstantial or corroborative evidence against or in favor of the perpetrator of the crime A was found dead with chest stab wound. B was found with kitchen knife in his hand stained with blood 3. Determination of the cause of death 4. Determination of the direction of escape of the victim or the assailant Legal Importance of the Study of Blood 5. Determination of the approximate time the crime was committed 6. Determination of the place of commission of the crime 7. Determination of the presence of certain disease Problems to be Answered in the Blood Exam 1. Determine whether the stain is due to blood

If due to blood, determine whether human origin or not If human origin, what group does it belong? Does it belong to the person in question? Manner, degree & condition of the article which have been stained 6. Age of the stain Biologic Examinations Biologic Examinations Precipitin Test Determine whether the blood is of human origin or not Blood Groupings ABO Blood groups Rh group Blood Grouping: Inheritance Patterns of ABO Blood Groups: Blood Grouping: Significance of the Test May solve disputed parentage (paternity and maternity) A positive result is not conclusive that the one in question is the offspring, but a negative is conclusive that he is not the child of the alleged parents Differential Characteristics of Blood from Different Sources 1. Artificial Blood Bright scarlet in color Leaves the blood vessel with pressure High oxygen content 2. Venous Blood Dark red in color Does not spill far from the wound Low oxygen content Differential Characteristics of Blood from Different Sources 3. Menstrual Blood Does not clot Acidic in reaction owing to mixture with vaginal mucous On microscopic examination, there are vaginal epithelial cells Contains large number of Deoderleins bacillus Differential Characteristics of Blood from Different Sources 4. Mans or Womans Blood No method available yet to differentiate a mans blood from a womans blood 5. Childs Blood At birth, it is thin and soft compared with that of an adult Red blood cells are nucleated and exhibit greater fragility Red blood cells count more than an adult H. IDENTIFICATION OF HAIR AND FIBERS Parts of the hair: Cuticle - outer layer of hair Cortex or middle layer - longitudinal fibers bearing the pigment Medulla or core- contains air bubbles and some pigments Distinction of human hair from animal hair Legal Importance of the Study of Fibers 1. Cotton fibers 2. Flax fibers 3. Hemp fibers 4. Abaca Fibers 5. Jute fibers 6. Wool fibers 7. Silk fibers 8. Linen fibers Differentiate Vegetable from Animal Fibers 1. Ignition test 2. Chemical tests using Nitric Acid 3. Picric acid test 4. Millons Reagents test 5. Soaked in Tannic acid

2. 3. 4. 5.

6. Heated with 10% NaOH Identification of Hair & Fibers Differences between Hair Forcibly Extracted and Naturally Shed Hair: If hair root is forcibly extracted, bulb is irregular with undulating surface together with excrescences of different shapes and sizes Naturally shed hair has rounded extremity, a smooth surface & shows signs of atrophic or fatty degeneration especially in elderly Legal Importance of the Study of Hair Estimation of Age based on the Hair: Hair of children Fine, short, and deficient of pigments and, as a rule, devoid of medulla Adolescent age Hair may appear at the pubis Hair on scalp becomes long, wiry and thick. Older people Color usually white or gray with marked absorption of pigments and degenerative changes I. DNA FINGERPRINTING I. DNA FINGERPRINTING A more recent method of identification is through a persons DNA, referred often as DNA fingerprinting because of its irrefutable way of identifying a person, much like a fingerprint I. DNA (Deoxyribonucleic Acid ) Analysis Pronounced: ( dee-oxy-rye-bo-new-klee-ic acid ) Forensic science is not just DNA analysis Not all forensic issues can be resolved by DNA analysis What is DNA? DNA Chemical substance which makes up our chromosomes and controls all inheritable traits (i.e. eye, hair, skin color) Different for every individual except identical twins What is DNA? DNA Found in all cells with a nucleus (white blood cells, soft tissue cells, bone cells, hair root cells, and spermatozoa) Half of the individuals DNA/chromosomes come from the father, the other half from the mother What is DNA? DNA strands are made of four (4) different building blocks, ATCG A connects with T, G connects with C Four building blocks and their sequence in DNA makes up the letters of the genetic code An individuals DNA remains the same throughout his life What is DNA? In specific regions on a DNA strand each person has a unique sequence of building blocks or genetic code It is a persons unique genetic code that allows scientists to identify an individual to the exclusion of all others Characteristics of DNA Each person has a unique DNA profile Each persons DNA is the same in all his or her cells An individuals DNA profile remains the same throughout life Most DNA is the same from person to person Some DNA varies from person to person WHAT IS DNA AND HOW DOES IT WORK? Theoretically, wherever a person is, he is continually shedding off his DNA in some form of biological specimen such as saliva, blood, urine, sweat, and even semen and vaginal fluid No matter how minute the amount, this can be collected and because of its uniqueness will identify the source from whence it came DNA Fingerprinting

Briefly, the procedure involves taking a DNA pattern sequence from a human cell, cutting it with an enzyme that recognizes a distinctive site Through electrophoresis, there is separation of these fragments by size Then this is probed with a piece of radioactive DNA as a result of which bands will appear, corresponding to the length of these fragments, appearing like a bar code like the commercial products sold in supermarkets DNA Fingerprinting DNA typing is a well-established tool for the identification of human remains It is such a powerful tool that it is resorted to regularly and especially when the traditional methods of identification have not yielded positive results DNA Fingerprinting Since DNA is relatively resistant to decomposition, especially in bones, this method can be useful in conditions of incineration, fragmentation or decomposition where ideal specimens can no longer be obtained DNA Fingerprinting Of the many techniques of DNA analysis, the mitochondrial DNA (mt DNA) analysis is the most effective identification although technically the most challenging DNA Fingerprinting In difficult cases, the possibility of extracting useful DNA is far better that nuclear DNA Involves the study of a relatively small amount of DNA found in the cytoplasm of human cell DNA Fingerprinting It consists of a single strand present in each mitochondrion, which is responsible for aerobic metabolism of the cell In contrast to a single copy of nuclear DNA per cell, there are hundreds to thousands of copies of mitochondrial DNA per cell How does DNA solves crime? DNA Profiling Determines the exact genotype of a DNA multiple Distinguishes one human being from another by identifying a DNA barcode unique to every individual DNA Identification Applications Sexual assault Homicidal and violent crimes Exculpate wrongly accused suspects Identify serial crimes Identify human remains Sex offender tracking Parentage testing DNA Parentage Testing Applications Child support enforcement Criminal paternity Identify human remains Kinship and sibling analysis Twin zygosity Non-forensic Uses of DNA Methods Genetic and other disease diagnosis Rare, endangered and extinct animals research Identify war casualties Historical identification issues DNA Parentage evidence sources: Possible Results of DNA Analysis Exclusion DNA profile from the evidence sample does not match the profile of the suspects reference sample Suspect is excluded as a source of the evidence Possible Results of DNA Analysis

Inclusion DNA profile of the reference sample matches that of the evidence sample Suspect is included as a potential source of the evidentiary DNA Possible Results of DNA Analysis Inconclusive Not possible to determine if the samples are the same May arise from sample degradation; contamination, or failure to observe some part of the protocol Evidentiary Issues in Forensic DNA Analysis & Testing Admissibility Evidentiary weight Reading and understanding DNA analysis report Presenting and making the report admissible Random Match Probability Statistical expression of the significance of the profile match Probability that an innocent individual, unrelated to the suspect and chosen randomly from the population, will match the DNA profile taken from the crime sample Likelihood Ratio Statistical expression of the significance of the profile match; The ratio of the probability that the DNA profile in the evidence sample comes from the suspect, and the probability that the DNA came from a random, unrelated person Presenting DNA & Making it Admissible Use of expert witness testimony Integrity of the sample(s) Chain of custody Interpretation of results and probabilities Relevance Competence Preservation of DNA evidence: Air dry (no heat) all stains or swabs Store frozen in paper bags Tissue stored frozen are preferably without preservatives (formalin or embalming fluid) Refrigerate liquid blood up to few weeks; freeze for long term storage FORENSIC EXPERT as Consultant or Witness: Complex scientific, medical or technical assistance Evaluation of the case Literature research Advise counsel about the discovery of evidence CONSULTANT vs. WITNESS Consultant provides advice in preparing a case and may become an advocate Expert witness discusses facts and provides objective opinions based on facts and should not be an advocate CONSULTANT vs. WITNESS If the law made you a witness remain a man of science. You have no victim to avenge, no guilty or innocent person to ruin or save. You must bear within the limits of science. (Paul H. Broussard, Chair of Forensic Medicine , Sorbonne, 1897) DNA expert witness testimony Professional qualification and expertise Reliability of the DNA testing process Reliability of the laboratory itself Interpretation of the results of the DNA test Forensic Medicine A forensic scientist with appropriate education, training and experience is the person best qualified to interpret scientific evidence form a conclusion about it, and

provide an opinion about its significance in the context of the case Double Helix Structure of the DNA Base Sequence & Replication Genetic Factor