Legal Medicine

GROUP 1-Introduction
DEFINITION

LEGAL MEDICINE is 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 Medicine and 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 JURISPRUDENCE is that branch of
law which deals with the
organization and regulation of
the medical profession, with
the contractual obligation
existing 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 medicines
based on the principles
of subordinations, that it
is the duty of a physician
to obey the laws in as
coordinate medicine
to law and justice
much 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 practical
knowledge of the subject in his relation to
law.
2. To give information to physicians of his
rights and duties and the manner in
which the law expect him to act under
certain circumstances.
3. To enable a lawyer find the principles
which 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 and
practitioners of the recent advances of
forensic 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 quite
broad. 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

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 the
science 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 is
contrary 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, public
order 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
personality
b. the limitation or restriction of a natural
persons capacity to act
c. marriage and legal separation
d. paternity and filiation
e. 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 delictu
c. Crimes relative to opium and prohibited
drugs
d. Crimes against persons
e. Crimes against chastity
f. Crimes against civil status of persons
g. Quasi offenses

3. Remedial Law
a. Physical and Mental Examination of a
person
b. Hospitalization of insane persons
c. Rules of Evidence
4. Special Laws
a. Dangerous Drug Act
b. Youth and Child Welfare Code
c. Sanitation Code
d. Insurance law
e. Labor Code
f. Employees Compensation Law
5. 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.












HISTORY OF LEGAL MEDICINE IN THE PHILIPPINES

Paulus Zacchias ( 1584 1659 ) is the Father of Forensic Medicine. He was the first to describe
the importance and application of medicine to the proper administration of justice.

In the Phil. the father of Legal Medicine can be rightfully bestowed to Dr. Pedro P. Solis. His book on
Legal Medicine copyrighted in 1987, contains the most extensive treatise and teachings in Philippine
Legal Medicine.

MEDICO-LEGAL SYSTEMS COMMONLY ADAPTED IN DIFFERENT COUNTRIES

MEDICAL EVIDENCE

Evidence s the means, sanction by law of ascertaining in a judicial proceeding the truth respecting a
matter of fact.

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

Medical Evidence is the means sanction by law of ascertaining in a judicial proceeding that truth
respecting a matter of fact wherein scientific medical knowledge is necessary.

FORMS OF EVIDENCE

1. Real Evidence this form of evidence is made known or addressed to the senses of the court.

Section 1, Rule 130 Rules of Court

View of an Object whenever an object has such a relation to the fact in dispute as to afford reasonable
grounds or belief respecting it, such object may be exhibit to or viewed by the court, or its existence,
situation, or character proved by witnesses, as the court in its discretion may determine.

a. Indecency and impropriety are exceptions to this rule of evidence, but when exhibition is
necessary for the end of justice, notions of decency and delicacy of feeling will not be allowed to
prevail.
b. Repulsive objects and those offensives to sensibilities should also be excluded if they are not
absolutely necessary for the proper administration of justice.

2. Testimonial Evidence a physician may be placed at the witness stand to answer questions
propounded to him by counsels of parties or by the presiding officer of the court. His testimony
must be given orally in open court and under oath or affirmation.

Qualification of an Ordinary Witness

Section 18, Rule 130, Rules of Court
Except as provided in the next succeeding section, all persons who, having organs of sense, can
perceive, and perceiving, can make known their perception to others, may be witness. Neither parties nor
other persons interested in the outcome of a case shall be excluded, nor those who have been convicted
of crime, nor any person on account of his opinion on matters of religious belief.

Qualification of an Expert Witness

Section 42, Rule 130, Rules of Court

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

3. Experimental Evidence a medical witness may be required to perform certain experiments to
prove a certain matter of fact. Again such evidence must not be offensive to decency,
sensibilities, and propriety. The court, however, in its discretion may or may not allow
experimental evidence.

4. Documentary Evidence any written evidence presented by a physician in court which is relevant
to the subject matter in dispute and not excluded by the rules of court is documentary evidence.

METHODS OF PRESERVING EVIDENCE
1. Photography and sound recording
2. Sketching
3. Description
4. Testimony of witnesses

KINDS OF EVIDENCE NECESSARY FOR CONVICTION
1. Direct Evidence that which proves the fact in dispute without the aid of any inference or
presumption. The evidence presented corresponds to precise or actual point at issue.
2. Circumstances Evidence the proof of facts 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?
a. When there is more than one circumstance,
b. When the facts from which the inferences are derived are proven, and
c. When the combination of all the circumstances is such as to produce a conviction beyond a
reasonable doubt.

DEGREE PF PROOF REQUIRED IN THE COURT OF JUSTICE:
1. In civil cases, preponderance of evidence only is required.
2. In criminal cases, proof beyond reasonable 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 skeleton
b. 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 fetus
f. 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 of
identification

DACTYLOSCOPY
the art of identification by comparison of fingerprints

POROSCOPY
the 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 examined
3. Conduct of instrument test with asking the questions previously reviewed by the
subject.
4. Post interview/ interrogation with the subject

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 emotional
disturbance of the subject as appearing on the recorded physiological responses to
question relative to the case under investigation.


RELATION TO MEDICAL ASPECT:
1. PNEUMOGRAPH
records changes of breathing
2. GALVANOGRAPH
records the skin resistance of the subject to a very small amount of lectricity
3. CARDIOSPHYGMOGRAPH
records the changes of blood pressure and pulse rate
4. KYMOGRAPH
motor 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 pressure
An 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 or
Sodium 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 TEST

WORD ASSOCIATION TEST
List of stimulus and non stimulus words are read to the subject who is instucted to answer
as quickly as possible

4. USE OF HYPNOTISM






Reporters: Del Rosario, Earleen
Mondero, Kenneth
Samonte, Elaine Dianne
JD 2-1