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Lecture On CDI 2 Chapter 1

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34 views57 pages

Lecture On CDI 2 Chapter 1

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jhared202020
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© © All Rights Reserved
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Available Formats
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CRIME DETECTION AND

INVESTIGATION 2
Specialized Crime Investigation 1 with
Legal Medicine

Dr. Ramil V Remotin, RCrim


Lecturer/Associate Professor
Course Description:

This course covers the special study of modern


technique in the investigation of crimes involving crimes
against persons, and other related offenses. The
application of medical science in crime investigation with
emphasis on the medico-legal aspects of physical
injuries, death, abortion, infanticide, burn and poisoning.
Develop framework of investigating crimes, crime scene
processing, and report writing.

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CHAPTER 1
Introduction to Fundamentals and Specialized Crime
Investigations with Legal Medicine
Learning Objectives:
At the end of this chapter, the students/practitioner will be able
to:
1. Define terminologies related to crime investigations;
2. State the fundamentals of crime investigations and
specialized crime investigations;
3. Describe the fundamentals of crime scene processing and
operations; and
4. Discus the nature of specialized crime investigations.

Introduction
Investigation of any crime is always guided by legal and logical
principles. Before conducting any investigation, one of the principles to
be observed is the legality of the investigations to be conducted and
the authority of the investigating body who will be conducting the
process. To begin with the specialized crime investigation,
fundamentals should be reviewed since the aspect of specialized crime
will be based on technical and specific crime.

A. FUNDAMENTALS OF INVESTIGATION

Crime Investigation – it is an art, science and process which deals


with the collection of FACTS to accomplish the threefold AIMS:
a. to identify the suspect;
b. to locate the suspect; and
c. to provide evidence of his guilt or innocence.

Criminal Investigation – is the process of gathering information to


the identified suspect whether arrested or at large prior to the
filing of case before the prosecutor/court. This phase is part of
phases of crime investigation after the crime was identified
through the gathered pieces of evidence leading to the identity
of the suspect.

Intent vs Motive
Intent is the accomplishment of the criminal act while motive
refers to reason that impels a person to commit criminal act for
definite result. Intent in an essential element of crime while motive is
an essential element of investigation. Intent and motive should be
identified to identify the possibility of the crime that was allegedly
committed by the suspect based on the pieces of evidence gathered.
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Inductive vs Deductive Reasoning
Deductive reasoning is a type of reasoning that moves from a
general statement to a specific conclusion while inductive
reasoning is a type of reasoning that moves from specific
observations to a general conclusion.

Investigator/Prober – is the key figure in the crime investigation who


is charged with the duty of carrying on the threefold aims of
crime investigation. His/her primary job is to discover whether or
not an offense has been committed under the law, after
determining what specific offense has been committed.

Qualities of good investigator:


1. The ability to persevere or stick to task despite of the monotony and
the many obstacles which surrounds it.
2. He/she must have certain abilities and an intelligence which would
enable him to acquire information easily and readily and to use this
information truthfully.
3. He/she must be honest. He must be incorruptible and must possess
personal integrity.
4. He/she must have understanding (weaknesses and strength) of the
people and the environment where he/she lives.
5. He/she must have a keen power of observation and accurate
description.
6. He/she must be good in oral and written communications.
7. He/she must be use logical reasoning and common sense.
8. He/she has knowledge to legal aspects of crime.

Tools of Investigation
1. Information – it refers to the facts of the crime that would answer
the 5 w’s and 1 h. This will be obtained from witnesses who have
personal knowledge, regular, cultivated or grapevine sources. The
skills in intelligence and data gathering play an important role.
2. Interrogation – refers to the elicitation of information from an
individual who refuses to provide information. The ability to obtain
information by questioning is the most prized talent of the prober.
Interview – it is the simple questioning of victims and witnesses
who are voluntarily reveal information in connection with matters to be
investigated.
3. Instrumentation – it refers to the application of the instruments
of physical sciences to the detection of the crime such as the
modern techniques in the field of forensic sciences. It is also known
as CRIMINASLISTICS.

Phases of Investigation
Phase I – Reporting of Crime Incident. In this phase, the fact that

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the crime happened is established. The investigation will commence
when the Crime Incident comes into the knowledge of those who
would be the First Responders.

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Phase II – Identify the suspect through:
a. Confession/Admission
Confession – the declaration of an accused acknowledging his
guilt of the offense charged, or of any offense necessarily included
therein, may be given in evidence against him (Sec. 33, Rule 130,
Rules of Court)
- the voluntary declaration made by a person who has committed
a crime
or misdemeanor, (Bouvier’s Law Dictionary).
Admission – is a self-incriminatory statement by the subject
falling short of an acknowledgment of guilt. It implicates but does not
incriminate.
- A statement, oral or written, made by a party, or by someone
for whom he is responsible as to the existence of a relevant fact.

b. Accounts or Testimonies of Witnesses – accuracy of the


identification by eyewitness accounts would depend on the following
factors:
1. Ability to remember the distinct appearance of the subject.
2. Prevailing conditions of observation and visibility when the
crime was committed.
3. Lapse of time in the identification process.

c. Circumstantial Evidence
It is the identification established indirectly by proving other
facts or circumstances from which the identity of the perpetrator can
be inferred. This evidence is sufficient to produce conviction when:
1. there are more than one circumstances
2. the facts from which the inferences derived are proven
3. the combination of all the circumstances is such as to produce a
conviction beyond reasonable doubt

d. Associative Evidence
These are the physical evidence which may identify the criminal
by means of clues, personal properties, or the characteristic patterns
of procedure deduce from the arrangement of objects at the crime
scene, such as weapons, tools, garments, fingerprints, foot
impressions, and others.

Phase III – Locate and apprehend suspect. It is intended that the


suspect be arrested and answer for the accusation against him.

Phase IV – Gather and provide evidence to establish the guilt of the


accused (In proving the guilt of the accused in court, the fact of the
existence of the crime must be established, the accused must be
identified and associated with the crime, competent and credible

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witnesses must be available and the physical evidence must be
appropriately identified. The investigator must know by heart the
elements of specific crime.

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Fundamentals of Crime Scene Processing
a. Duties of First Responder
1. Proceed to the crime scene to validate the information received
2. Record the exact time of arrival and pertinent data regarding the
incident in his issued pocket notebook and notify the TOC
3. Cordon off the area and secure the crime scene with a police line
or whatever available materials like ropes, straws of human as
barricades to preserve its integrity.
4. Check whether the situation still possess imminent danger and
call for backup it necessary
5. Identify possible witnesses and conduct preliminary interview
and ensure their availability for the incoming investigator on
case
6. Arrest the suspect if around or in instances wherein the suspect
is fleeing, make appropriate notification for dragnet operations.
7. Prepare to take the “Dying Declaration” of severely injured
persons with the following requisites:
o The death is imminent and the victim is conscious of that
fact.
o The declaration refers to the cause and surrounding
circumstances of such death
o The declaration relates to facts which the victim is
competent to testify to
o The declaration is offered in case wherein the victim’s
death is the
subject of the inquiry
8. Evacuate the wounded to the nearest hospital using emergency
services.
a. Account for the killed, wounded and arrested persons for
proper disposition
9. Conduct initial investigation
10. Brief the investigator on case upon arrival and turn over the
crime scene
11. Conduct inventory on the evidence taken at the crime scene,
inventory receipt should be properly signed by the first
responder, Forensic Unit and the Investigator-on-case.

b. Duties of and Responsibilities of the Investigating Team


1. Take full control of the crime scene to include the conduct of the
crime scene search, taking of photographs, making sketches,
lifting of fingerprints, markings of physical evidence (Chain of
Custody) the transmittal of evidence to crime laboratory,
interview of witnesses, gathering and evaluation of evidence,
follow up of the case, documentation and filing of appropriate
charges in court.
2. Establish a command post in the immediate vicinity of the crime
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scene
3. Designate a holding area in the immediate vicinity of the crime
scene (for
the media, VIP’s and other personalities present)
4. Conduct case conference with the first responder’s, Forensic Unit
and other
law enforcer and rescue personnel

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5. Note secondary crime scene if situation requires.
6. Release the crime scene after investigation.
 Ensure that appropriate inventory has been made
 Released is accomplished only after completion of the final
survey and proper documentation of evidence, witnesses,
victims and suspect.
 If crime scene is within a private property, the same must be
released to the lawful owner witnessed by any barangay
official. In case of government facility, it should be released to
the administrator.

Basics on Crime Scene Photography


Crime Scene Photography – the main objective is to create
visual record of the crime scene before any item is moved as possible
physical evidence. Take photograph of the Crime Scene, WITHOUT AND
WITH MARKERS.

The Guidelines for Taking Photographs of the Crime Scene


1. Photographs of the crime scene should be taken as soon as
possible, before note taking, sketching or a search for evidence
begins.
2. The pictures should illustrate the original, uncontaminated
condition of the crime scene.
3. Photographs should be taken off the crime scene only, without
spectators or police personnel.
4. The photographs must form an organized sequence and show all
relevant locations and objects.
5. The crime scene photographs must progress from general to
specific.

Procedure in Photographing the Crime Scene


1. General View or Long-range – fundamentally are taken to
portray the areas as if a person viewing the scene is seeing it
from the standing position. To obtain this result, the
photographer takes the photograph with the camera at eye level.
It is done in overlapping method.
2. Medium View or Mid-range – photographs are taken in a
manner which portrays the scene from approximately ten to
twenty feet of distance from the subject. In order that the viewer,
be permitted to associate the crime scene with separate areas of
the scene photographed, these areas should contain sufficient
details to permit the viewer association.
3. Close-up Range View – these are normally taken
approximately five feet or less from the subject. The attention of
close-up photography is directed to object which could be
effectively seen in the long-range and mid-range photographs.

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Basics on Sketching
Sketching – it is useful in questioning the suspects and
witnesses as well as in the writing of investigation report. It is prepared
indicating the actual measurement of things with scale and proportion
observed and oriented to the

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10
North. All necessary information is placed in the sketch in connection
with crime being investigated.
The sketch is an excellent companion of photograph. Where
Photograph provide exact details while Sketch offer accurate
information about the placement of objects and they show the
relationship and distance between things.

Kinds of Sketch
1. Sketch of Locality - give picture of the scene, the crime and
its environs including buildings roads to show the possible
entrance and exit points
2. Sketch of Ground – picture of the scene of the crime with its
nearest physical surroundings.
3. Sketch of Details - the immediate scene only

Types of Sketches
1. Rough – made by the prober at the crime scene. No scale
proportion is ignored and everything is approximated. It is to be
used as a basis of the finished sketch.
2. Finished – made primarily for courtroom presentation. All
elements of sketching must be present.

Types of Sketch Perspective


1. Floor plan or “bird's-eye view” – overhead view
2. Elevation drawing – side view
3. Exploded view – elevation and overhead view
4. Respective drawings – 3D view (use of computer software such as
autocad)

Different Crime Scene Search


1. Strip Method (Line Search)
It involves the demarcation of a series of lanes down which one
or more persons proceed. Upon reaching the starting point, the
searchers proceed down their respective lane, reverse the direction,
and continue in this fashion until the scene has been thoroughly
examined.
2. Grid Method (Double Strip Search)
The researcher performs first the strip method and after which
turns and proceed back along new lanes but parallel to the first
movement. This method offers the advantage of being more
methodological and through; examined from two different viewpoints,
the area is more likely to yield evidence that might have been
overlooked.
3. Spiral Method
It is usually employed in outdoor scenes and is normally
executed by a single person. It involves the searcher’s walking in
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11
slightly ever-decreasing; less- than-concentric circles form the
outermost boundary determination towards a central point and vice-
versa.

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12
4. Zone Method (Quadrant Search)
It requires that area should be divided into four quadrants, each
of which is then examined using of the methods previously described.
Where the area to be searched is particularly large, a variation of the
zone method would be subdividing the small quadrants into smaller
quadrants.
5. Pie Method (Wheel Search)
The searchers gather at the center and proceed outward along
radii or spoke. The principal drawback of this method is that the
distance between the researchers increases as they depart from the
center.

Approaches Upon Arrival at the Crime Scene


1. Recognition of Evidence
At the crime scene, the prober must exercise keen observation
and extreme care in his search for this physical evidence. The success
of the case will depend heavily on how the prober conducts himself in
handling those pieces of evidence. He has to do his job well at “proper
time” and “proper place”. Proper time refers to when he is right there
in the scene and proper place refers to him being right there at the
scene.
2. Collection of Evidence
This is accomplished after the search is completed, the rough
sketch finished and photographs taken. Fragile evidence should be
collected as they are found. All firearms (FAs) found to have tampered
serial numbers (SNs) shall be automatically subjected to macro
etching. A corresponding request to the Firearms and Explosive Office
(FEO) must be made for verification purposes.
The investigator places his initials, the date and time of
discovery on each item of evidence for proper identification. Items that
could not be marked should be placed in a suitable container and
sealed.
3. Markings of Evidence
Any physical evidence obtained must be marked or tagged
before its submission to the evidence custodian. These are information
to ensure that the items can be identified by the collector at any time
in the future. This precaution will help immeasurably to establish the
credibility of the collector's report or testimony and will effectively
avoid any suggestions that the item has been misidentified.
4. Evaluation of Evidence
Each item of evidence must be evaluated in relation to all the
evidence, individually and collectively. If necessary, these pieces of
evidence must be subjected to crime laboratory examination. Example:
firearms for ballistic examination, hair strands etc.
5. Preservation of Evidence

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It is the investigator’s responsibility to ensure that every
precaution is exercised to preserve physical evidence in the state in
which it was recovered/ obtained until it is released to the evidence
custodian.

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14
6. Releasing of Evidence
All collected evidence can only be released upon order of the
court or prosecutor, as the case maybe.
7. Transmittal of Evidence to Crime Laboratory
Proper handling of physical evidence is necessary to obtain the
maximum possible information upon which scientific examination shall
be based, and to prevent exclusion as evidence in court. Specimens
which truly represent the material found at the scene, unaltered,
unspoiled or otherwise unchanged in handling will provide more and
better information upon examination. Legal requirements make it
necessary to account for all physical pieces of evidence from the time
it is collected until it is presented in court.
8. The Chain of Custody (Change of Possession)
A list of all persons who came into possession of an item of
evidence, continuity of possession, or the chain of custody, must be
established whenever evidence is presented in court as an exhibit.
Adherence to standard procedures in recording the location of
evidence, marking it for identification, and properly completing
evidence submission forms for laboratory analysis is critical to chain of
custody. Every person who handled or examined the evidence and
where it is at all times must be accounted for. As a rule, all seized
evidence must be in the custody of the evidence custodian and
deposited in the evidence room or designated place for safekeeping.

B. NATURE OF SPECIAL CRIME INVESTIGATION

Special Crime Investigation – it is an area of crime investigation


that focuses on crimes that are considered to be more serious or
complex than other types of crimes. These crimes may involve
multiple jurisdictions, witnesses, and pieces of evidence. This
type of investigation often requires the use of specialized
investigative techniques, such as discreet information gathering
and advanced scientific tools and experts.

It concentrates more on physical evidence, its collection,


handling, identification and preservation in coordination with the crime
laboratory. It also involves a close relationship between the prober in
the field and the crime laboratory technician. They work together as a
team, reacting to and extending one another’s theories and findings
both working patiently and thoroughly to solve a crime from their
investigative discoveries.

Responsibilities of Special Investigator


1. Determine whether the crime has been committed.
2. Verify jurisdiction.

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3. Discover all facts and collect physical evidence.
4. Recovery of stolen property.

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5. Identifying perpetrator/s.
6. Locate and apprehend perpetrator.
7. Aid in the prosecution of perpetrator.
8. Testify effectively in court.

Nature of Special Crime Investigations


1. It focuses on specific crime. Investigation deals with peace and
order indicators (POI) or the index crimes such as murder, homicide,
physical injures, rape, robbery, theft, carnapping, motorcycle theft
and other complex crimes. It also includes investigation of violation
of special laws related to person, property, national security and
internal security.
2. It emphasizes on physical evidence. It prioritizes the collection,
handling, identification, and preservation of physical evidence
related to the crime. This evidence is crucial in building a solid case
and establishing guilt or innocence of the suspect/s.
3. It requires special knowledge and skills. Investigators should
be knowledgeable on various techniques like information gathering,
integration of technology and artificial intelligence, forensic science,
and training and experience to properly investigate the case and
solve the crime.
4. It needs collaboration with technicians and prosecutors.
Investigator- on-case should establish good relationship between
the personnel of forensic group for exchanging theories and
findings, and working diligently to solve the crime. Prosecutors may
guide the IOC in the legal aspect of the crime and the filing of case
based on the gathered pieces of evidence.
5. It involves application of modern techniques. Modern
investigative techniques include the application of forensic analysis,
and medical science to uncover evidence and details related to the
crime. It also includes modern techniques in surveillance and
undercover operations to gather pieces of evidence that are
important in the prosecution of the case.

Phases of Special Crime Investigation


1. Initial Response Phase – it is the first exposure of the authorities
to the reported offense to be investigated. In includes activities
such as interview and securing the crime scene.

12 Common areas of information strongly linked with a


successful crime investigation
a. Witness to the crime
b. Name of suspect
c. Location of suspect
d. Description of the suspect
e. Identification of the suspect
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f. Identification of suspect’s vehicle
g. Stolen property can be traceable

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h. Suspect method of operation
i. Physical evidence presents
j. Report of a trained technician
k. Conclusion of the normal investigative effort
l. Opportunity in the commission of the crime
2. Detailed Investigation – it starts with the general examination of
all facts, leads and other type of information secured during the
preliminary investigation.
Inquiries in Detailed Investigation
a. Crime Scene
- Familiarization of localities and other details
- Search for physical evidence
- Location of victims and witnesses
- Verification of physical evidence and suspect, victim and
witnesses
b. Coordination of documents
- Local and national agencies
- Modus operandi files
- Examining field interviews and interrogation
c. Gathering of investigative leads
- Criminal informants
- Non-criminal informants
- Neighborhood search for witness
- Utilization of media
3. Evidence Collection Phase – this phase is conducted to ensure
the integrity of physical evidence. The credibility and integrity of the
evidence are directly predicated upon the proper handling of the
evidence from its initial observance until its presentation in court.
This phase, the investigator-on-case (IOC) undertake the evidence-
gathering procedures in the absence of the members of Forensic
Group.
4. Case Management Phase – special crimes need special attention,
thus, Special Investigation Task Group (SITG) shall be immediately
be organized to conduct an aggressive, concerted and substantial
program of action. The SITG allows for the strengthening of the
coordination system among members of the PNP, DOJ and other law
enforcement agencies in order to properly investigate crimes that
require special consideration. It includes the organizational
structure and functions of the SITG and a list of investigation
management tools including investigation planning, coordination
mechanism, crime matrix analysis, surveillance and finally, case
review.

5. Preparation for Trial


a. Review the legality of arrest, evidence and admission or
confession.
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b. Legal requirements of victim and witness
c. Review and compile all notes etc.
d. Arrange for all expert witness testimony.

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20
Elements of Special Crime Investigation
1. Initial Investigation – is the first step in any criminal
investigation. It is the responsibility of the first responders who first
arrive at the crime scene. The goal of the initial investigation is to
gather as much information as possible about the crime, including
the identity of the victim, the suspect, and the circumstances of the
crime. It is critical to the success of any criminal investigation. The
information gathered during the initial investigation can help to
identify the suspect, build a case against the suspect, and
ultimately bring the suspect to justice.
2. Case Screening – this pertains the primary assessment of the
crime based in the gathered pieces of evidence that corresponds to
the elements of the crimes and the possible identity of the suspect
and the likelihood of apprehending the suspect and bring to justice.
3. Continuing Investigation – it is the process of gathering
additional evidence and information about the crime. This may
involve interviewing more witnesses, conducting surveillance, or
obtaining search warrants. It is often the most challenging part of a
crime investigation. It can be difficult to gather new evidence,
especially if the crime occurred a long time ago or if there are few
witnesses. However, the continuing investigation is essential to
building a strong case against the suspect.
4. Police-prosecution Relations –the police and the prosecution
work closely together during the course of a criminal investigation.
The police gather evidence and information, while the prosecution
prepares the case for trial. It is important for the police and the
prosecution to have good relations to ensure that the investigation
is conducted properly and that the case is presented effectively in
court.
5. Investigative monitoring system – it is set up to give
administrators continues feedback on the investigative process and
the quality of personnel performance.

Six (6) Cardinal Points in Special Crime Investigation


1. WHAT Questions. This question pertains to the specific offense
committed. This is important to prepare the investigators the
necessary investigative tools to be prepared before going to the
crime scene.
2. HOW Questions. This question refers to the method and modus of
the criminals in perpetuating their criminal acts. This is significant
to investigators to ascertain the possible motive of the crime.
3. WHO Questions. This question pertains to the identity of all the
key players in the commission of the crime including the victim,
suspect or even witness. This is important to establish their
relationship to one another may be the basis of investigations.
4. WHERE Questions. This question pertains to the place where the
crime transpired. This information is very important to investigator
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to establish the

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jurisdiction and the authority to investigate cases. It is also an
important element for physical evidence that are valuable in the
investigation process.
5. WHEN Questions. This question pertains to the date and time of
the incident transpired. This is important for the investigator to
establish the chronology of the event relative to the available
physical evidence that can be recovered at the crime scene. This is
also important to establish the prescription of the crime.
6. WHY Questions. This question pertains to the reason that impels a
person to commit crime. It also entails the possible intent and
circumstances on the part of the victim and on the part of the
suspect in the commission of the crime.

C. INTRODUCTION TO LEGAL MEDICINE

Legal Medicine
– It 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 basic and clinical, medical and
paramedical science to elucidate legal matters.
– It is synonymous and in common practice are used
interchangeably with forensic medicine.
Medical Jurisprudence
- It is the study of the Medical Law and its applicable
Jurisprudence that governs, regulates and defines the practice of
medicine.

Primary Considerations and Purpose


In the Philippines, Legal Medicine is the appropriate name for
Forensic Medicine. Modern Legal medicine has a broad range of
applications, it is used in civil cases such as paternity and filiation,
annulment of marriage, DNA testing, etc. In all cases the medical
examiner must conduct an investigation of the crime scene and also an
autopsy.
Its primary purpose is to bring forth the power of medical
knowledge to identify crimes, victims and perpetrators, and settle
disputes, when and where personal identity, time of death or injury,
and the identification and duration of morbidity become an important
matter

Techniques of Legal Medicine


 Legal Medicine uses sophisticated laboratory techniques to
detect the presence of substances in the victim, in the suspected
criminal, or at the crime scene.
 Forensic examination of substances found at a crime scene can
often establish the presence of the suspect at the crime scene

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Legal Medicine and the Legal System
 Courts routinely call upon physicians to give expert testimony in
a trial, especially concerning the findings of an autopsy and the
results of laboratory tests.
 As an expert witness he is allowed to express an opinion about
the validity of the evidence in a case and may quote the
statements of other experts in support of an opinion.
 Ordinary testimony is restricted to statements concerning what
the witness actually saw or heard.
 The evidence to be presented by the legal medicine expert must
signify a relation between the facts called the “Factum
probandum” or proposition to be established and the “factum
probans” which is the material evidencing the proposition.
 The Physician must present RELEVANT, MATERIAL AND
COMPETENT EVIDENCE.

Timeline of the History of Legal Medicine


YEAR SIGNIFICANT EVENTS
2980 BC The earliest recorded medico-legal expert was
Imhotep.
The Code of Hammurabi, the oldest code of law
2200 BV was
conceived. It includes legislation on adultery, rape,
divorce, incest, abortion and violence.
Numa Pompilius promulgated that bodies of all
600 BC women dying during confinement should
immediately be opened in order
to save the child’s life.
460 – 355 Hippocrates of Greece discussed the lethality of
BC wounds.
Aristotle fixed animation of fetus at the 40th
384 – 322
day of conception.
BC
The Chinese Materia Medica gave information on
300 BC
poison including aconite, arsenic and opium.
200 BC Hashish was said to been used as a narcotic in
surgery.
Julius Cesar was murdered and his body was
100 – 44 BC exposed in a forum. Antistius, the first police
surgeon or forensic pathologist, performed the
autopsy.
Justinian in his digest, made mention that a
physician is not an ordinary witness and that a
483 – 565
physician gives judgment rather than testimony.
AD
This led to the recognition of expert
witness in court.

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24
Pope Innocent III issued an edict providing for the
1209 appointment of doctors to the courts for the
determination of the nature of wounds.
Pope Gregory IX caused the preparation of Nova
1234
Compilatio Decretalium which concerned medical
evidence, marriage,
nullity, impotence, delivery, caesarian section,
legitimacy, sexual offenses, crimes against persons
and witchcraft.
Pope John XXII expressed the need of experts in the
ecclesiastical courts in the diagnosis of leprosy and
medico- legal documents.
14th In China, the Hsi Yuan Lu (Instruction to Coroner)
Century was published. It is a five-volume book dealing
with inquest,
criminal abortion, poisoning and antidotes, and
examination of the dead.
The first textbook in legal medicine was included
1532 in the
Cunstituto Criminalis Carolina. This was
promulgated during the reign of Emperor Charles V in
Germany.
Ambroise Pare considered legal medicine as a
separate discipline and he discussed in his book the
1575 abortion, infanticide, death by lightning, hanging,
drowning, feign diseases, distinction between ante-
mortem and post-mortem
wound and poisoning by carbon monoxide and by
corrosives.
Paulus Zacchias, a physician, is regarded as the
“father of forensic medicine”. He published
1584 –
Questiones Medico-legalis which dealt with the
1659
legal aspect of wounds and the first two
chapter dealt with the detection of secret homicide.
Severin Pineau published in Paris a work of
1598 virginity and defloration. He confirmed the
existence of the hymen and
that it may not rupture during sexual intercourse.
Orfila introduced chemical methods in toxicology. In
his Traite’ des Poison, he mentioned mineral,
1787 –
vegetable and animal poison with physiology,
1853 pathology and legal medicine.
He was considered as the founder of modern
toxicology.
 In the Philippines, the father of Legal Medicine can be rightfully

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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.

Type of Medical Evidence


1. Autoptic/Real - evidence which is addressed to the senses of the
court. This involves the presentation of actual objects,
specimens, or visual demonstrations for examination.
a. Indecency and Impropriety – this refers to real evidence
that is considered sexually suggestive, obscene, or
otherwise likely to violate societal standards of morality
and decency. E.g. pornographic materials and the like.
b. Repulsive objects and those offensive to the senses –
evidence that is inherently unsettling or likely to elicit a
strong disgust response,

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making it potentially disruptive to courtroom proceedings.
E. g. severely decomposed body parts and the like.
2. Testimonial – oral that comes from people under oath.
a. Ordinary witness – testifies based on their direct
observations, experiences, or firsthand knowledge of
events.
b. Expert witness – a specialist with knowledge in a relevant
field forensic science. They offer opinions and analysis
based on their expertise and the evidence presented.
3. Experimental – an expert witness may be required to perform
certain experiments to prove a certain matter of fact.
4. Documentary – any written records presented as evidence.
5. Physical – these are tangible objects connected to a case. This is
similar to autoptic/real evidence but generally broader as it
doesn't have to be directly seen by the court.

Review Guide Questions:


1. Identify limitations and challenges encountered by
investigators in the conduct of crime scene processing.
2. State reasons why investigators rely on the accounts and
statements of witness than forensic examination of physical
evidence.

Enabling Assessment
1. Search for any episode of investigative documentary and
analyze how crime was solved.

CHAPTER 2
Physical Injury Investigations
Learning Objectives:
At the end of this chapter, the students/practitioner will be able
to:
1. Explain the legal aspects of physical injury;
2. Describe the different elements and characteristics of physical
injury;
3. Discuss the medical aspects of physical injuries and its value in
the conduct of investigations; and
4. Organize investigative procedures in cases of physical injuries.

Introduction
Physical injury is very common case that need to be investigated
as to the types and causes of injury, nature and extent of the injury
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and the scientific approaches to present the case and determine the
culpability of the person who inflicted the injury sustained. The medical
aspects of this type of crime proves the legal classification of injury
and become the basis of filing the charges or the civil liability. Such
medical evidence should be corroborated by the statements of witness
and other pieces of evidence.

A. DEFINITION OF TERMS

Physical Injury – is the effect of some form of stimulus on the body.


The effect of the application of stimulus may be immediate (as in
gunshot wound) or may be delayed as injury brought about by
infection). It is a specific impairment of body structure caused by an
outside force or agent; therefore, it is an injury to the body caused
by physical agents.

Causes of physical injury:


1. Physical Violence
2. Extremes of temperature
3. Electrical energy
4. Chemical agent
5. Radioactive substance
6. Changes in environmental pressures
7. Infection

Wound – is the solution of the natural continuity of any tissue of the living
body.
It is the disruption of the anatomic integrity of a tissue of the body.

Inflammation – is a specific tissue response to injury by the living


agents, or to electrical, chemical or extremes of temperature or
mechanical traumas characterized by vascular dilatation, fluid
exudation or accumulation of

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leucocytes in the tissue. The inflammation of tissues had been used as
basis to differentiates ante-mortem from post mortem body injuries.
The ante mortem injuries in the body usually produced
inflammation which does not occur in post-mortem injuries
(presence of vital reaction).

Vital Reaction – it is the sum total of all reactions of tissue or organ to


trauma.
The reaction may be observed macroscopically and microscopically.

Mayhem – it is the unlawful and violent deprival of another of the use


of a part of the body so as to render him less able in fighting, either
to defend himself or to annoy his adversary. Mutilation of other
parts of the body other than the organ of reproduction may be
classified as mayhem.

B. LEGAL ASPECTS OF PHYSICAL INJURY AND RELATED CRIMES

These are the provisions of the Crimes Against Person, Chapter


Two of the Revised Penal Code about the physical injury and other
related crimes.

1. Mutilation (Article 262)


2 kinds of mutilation
a. by intentionally mutilating another by depriving him, either
totally or partially of some essential organs of the
reproduction;
b. by intentionally making other mutilation, that is, by looping
and clipping off any part of the body of the offended party,
other than the essential organ for the reproduction, to
deprive him of that part of the body.

Penalty Clause
 The penalty of reclusion temporal to reclusion perpetua
shall be imposed upon any person who shall intentionally
mutilate another by depriving him, either totally or
partially, or some essential organ of reproduction. Any
other intentional mutilation shall be punished by prision
mayor in its medium and maximum periods.

*As distinguished from avulsion, the latter is defined as a sudden,


accidental removal of a certain part of the body secondary to physical
violence.
Example: removal of an arm in a motor-vehicle accident

2. Serious physical injury (Article 263)


Any person who shall wound, beat, or assault another.
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Requisites:
a. permanent loss of any part of the human body
b. loss of the use of any part of the human body

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c. deformity – physical ugliness that is visible and not disappear
through natural healing process
d. the victim is incapacitated from work for more than 30 days,
regardless of the duration of medical treatment required

Penalty Clause
 The penalty of prision mayor, if in consequence of the
physical injuries inflicted, the injured person shall
become insane, imbecile, impotent, or blind;
 The penalty of prision correccional in its medium and
maximum periods, if in consequence of the physical
injuries inflicted, the person injured shall have lost the
use of speech or the power to hear or to smell, or shall
have lost an eye, a hand, a foot, an arm, or a leg or shall
have lost the use of any such member, or shall have
become incapacitated for the work in which he was
therefore habitually engaged;
 The penalty of prision correccional in its minimum and
medium periods, if in consequence of the physical
injuries inflicted, the person injured shall have become
deformed, or shall have lost any other part of his body,
or shall have lost the use thereof, or shall have been ill
or incapacitated for the performance of the work in
which he as habitually engaged for a period of more
than ninety days;
 The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period, if the
physical injuries inflicted shall have caused the illness or
incapacity for labor of the injured person for more than
thirty days.
 If the offense shall have been committed against any
of the persons enumerated in Article 246 (parricide), or
with attendance of any of the circumstances mentioned
in Article 248 (murder), the case covered by subdivision
number 1 of this Article shall be punished by reclusion
temporal in its medium and maximum periods
[qualified serious physical injury]; the case covered
by subdivision number 2 by prision correccional in its
maximum period to prision mayor in its minimum
period; the case covered by subdivision number 3 by
prision correccional in its medium and maximum
periods; and the case covered by subdivision number 4
by prision correccional in its minimum and medium
periods. Note: The provisions of the preceding
paragraph shall not be applicable to a parent who shall
inflict physical injuries upon his child by excessive
chastisement.
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3. Administering injurious substances and beverages (Article 264)
Elements:

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a. that the offender inflicted upon another any serious physical
injury
b. that is done knowingly administering to him any injurious
substance or beverage or by taking advantage of his
weakness of mind or credulity
c. that he had no intent to kill on the part of the offender.
Note: If the offender does not know that the substance
administered is injurious, he cannot be held liable under the
above provision.
Penalty Clause
 The penalties established by the next preceding article
shall be applicable in the respective case to any person
who, without intent to kill, shall inflict upon another any
serious, physical injury, by knowingly administering to
him any injurious substance or beverages or by taking
advantage of his weakness of mind or credulity.

4. Less serious physical injury (Article 265)


Elements:
a. that the incapacitated party is incapacitated for labor for 10
days or more but not more than 30 days, or needs medical
attendance for the same period of time, and shall suffer
penalty of arresto mayor
b. that the physical injuries must not be those describe in the
serious physical injury
c. When such injury inflicted with the manifest intent to insult or
offend the injured, or under circumstances, adding ignominy
to the offense, in addition to the penalty of arresto mayor, a
fine not exceeding Php50,000 shall be imposed.
d. Any less serious physical injuries inflicted upon the offender's
parents, ascendants, guardians, curators, teachers, or persons
of rank, or persons in authority, shall be punished by prision
correccional in its minimum and medium periods, provided
that, in the case of persons in authority, the deed does not
constitute the crime of assault upon such person.

5. Slight physical injury and maltreatment (Article 266)


Kinds:
a. physical injuries which incapacitated the party for labor from 1
to 9 days, or required medical attention during the same
period – arresto menor or a fine not exceeding Php40,000
b. physical injuries which did not prevent the offended party
from engaging in his habitual work or which did not require
medical attendances
c. ill-treatment of another by deed without causing any injury –
arresto menor in its minimum period or a fine not exceeding
Php5,000
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Remember: There is no attempted or frustrated physical injuries
is because the crime of physical injuries is determined on the
gravity of the

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injury. It is a crime of result. As long as the injury is not there, there
can be no attempted or frustrated stage thereof.

6. Physical injuries in a tumultuous affray (Article 251)


Elements:
a. there is a tumultuous affray;
b. participant(s) suffered from serious physical injuries;
c. the persons who inflicted such serious physical injuries cannot
be identified;
d. all those who appear to have used violence upon the person
of the offended party shall be penalized by arresto mayor,
from five to fifteen days.

C. CLASSIFICATION OF WOUNDS
Classification of wounds based on medical perspective
encompasses the effects of the instrument to the injury to the wound it
was created.

General Classification
1. As to severity:
a. Mortal wound – wound which is caused immediately after the
infliction or shortly thereafter is capable of causing death.
Example:
brain or upper portion of the spinal cord
heart and big blood vessels
b. Non-mortal wound – wound which is not capable of producing
death immediately after infliction or shortly thereafter.
2. As to the kind of instrument used:
a. Wound brought about by blunt instrument (contusion, hematoma,
lacerated wound)
b. Wound brought about by sharp instrument:
i. Sharp-edge instrument (incised wound)
ii. Sharp-pointed instrument (punctured wound)
iii. Sharp-edge and sharp-pointed instrument (stab wound)
c. Wound brought about by tearing force (lacerated wound)
d. Wound brought about by change of atmospheric pressure
(barotraumas)
e. Wound brought about by heat or cold (frostbite, burns or scald)
f. Wound brought about by chemical explosion (gunshot or shrapnel
wound)
g. Wound brought about by infection
3. As to manner of infliction:
a. Hit – by means of bolo, blunt instrument, axe.
b. Thrust or stab – bayonet dagger, knife
c. Gunpowder explosion – projectile or shrapnel wound.
d. Sliding, rubbing or abrasion.
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e. tearing or stretching

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4. As regard to the depth of the wounds:
a. Superficial – when the wound involves only the outer layer of the
skin.
b. Deep – when the wound involves the inner structure of the skin.
i. Penetrating – one in which the wounding agent enters the
body but did not come out in the mere piercing of a solid organ
or tissue of the body.
ii. Perforating – when the wounding agent produces
communication between the inner and outer portion of the
hallow organs. It may also mean piercing or traversing
completely a particular part of the body causing communication
between the points of entry and exit of the instrument or
substance producing it.
5. As regards to the relation of the site of the site of the application of force and the location
of injury:
a. Coup injury – physical injury which is located at the site of the
application of force.
b. Contre-coup injury – physical injury found opposite the site of
application of force.
c. Coup contre-coup – physical injury located at the site and also
opposite the site of application of force.
d. Locus minoris resistencia – physical injury located not at the site
nor opposite the site of the application of force but in some areas
offering the least resistance to the force applied.
e. Extensive injury – physical injury involving a greater area of the
body beyond the site of the application of force. It has not only
the wide area of injury but also varied types of injury.
6. Special type of wounds:
a. Defense wound – wound which is the result of a person’s
instinctive reaction of self-projection. Injuries suffered by a
person to avoid or repel potential injury contemplated by the
aggressor.
b. Patterned wound – wound in the nature and shape of an object or
instrument and which infers the object or instrument causing it.
c. Self-inflicted wound – is a wound produced on oneself. As
distinguish from suicide, the person has no intention to end his
life.

Medical Classification
1. Closed wound – these are no breach of continuity of the skin or
mucous membrane.
a. Superficial – when the wound is just underneath the layers of
the skin or mucous membrane.
i. Petechiae – is a circumscribed extravasation of blood in the
subcutaneous tissue or underneath the mucous membrane. Ex.
Insect’s bite
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ii. Contusion (bruise) – is the effusion of blood into the tissues
underneath the skin on account of the rupture of the blood
vessels as a result of the application of blunt force or violence.
Its extent of violence

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applied; and its distribution may indicate the character and manner
of injury.

Age of contusion:
The age of contusion can be appreciated from its color changes.
The size tends to become smaller from the periphery to the center
and passes through a series of color changes as a result of the red
blood corpuscles and liberation of hemoglobin.
The contusion is red sometimes purple soon after its complete
development.
In 4 to 5 days, the color changes to green.
In 7 to 10 days, it becomes yellow and gradually disappears on
the 14th or 15th day.
The ultimate disappearance of color varies from one to four
weeks depending upon the severity and constitution of the body.
The following are factors influencing the degree and extent of
contusion:
1. vitality of tissue
2. Parts involved
3. Amount of force applied
4. Accompanying diseases
5. Age
6. Sex

iii. Hematoma (blood cyst, blood tumor, “bukol” – is the


extravasation or effusion of blood in a newly formed cavity
underneath the skin. It usually develops when the blunt
instrument is applied in a part of the body where bony tissue is
superficially located like head, chest, anterior aspect of the legs.
The force applied cause the subcutaneous tissue to rupture on
account of the presence of a hard structure underneath.

b. Deep
i. Musculo-Skeletal injuries:
1. Sprain – partial or complete disruption in the continuity of a
muscular or ligamentous support of a joint. It is usually caused
by a blow, kick or torsion force.
2. Dislocation – displacement of the articular surface of bones
entering into a formation of a joint. It can be simple or
compound.
a. Simple – dislocation where there is a displacement of
bone but without external wound.
b. Compound – dislocation where there is a displacement
of the bones accompanying break or wound in the skin.

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3. Fracture – solution of continuity of bone resulting from
violence or some existing pathology. It can be simple, compound
or comminuted.

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a. Simple – there is the line of fracture but the alignment of
the bone is still in intact.
b. Compound – there is a break in the bone and loss of
alignment of the affect bone.
c. Comminuted – there is a break in the bone, loss of
alignment in the affected bones and separation of fragments of
bones.

4. Strain – the over-stretching, instead of an actual tearing


of the rupture of a muscle or ligament which may not be
associated with the joint.
5. Subluxation – incomplete or partial dislocation.

ii. Internal Hemorrhage – rupture of blood vessel which may


cause due to the following:
 traumatic intracranial hemorrhage – bleeding in the
cranial cavity
 rupture of parenchymatous organ – injury of the
hollow organ inside the body characterized by
extravasations of blood
 laceration of other parts of the body – laceration of
an organ inside the body secondary to violence
characterized by bleeding.

iii. Cerebral Concussion – is the jarring or stunning of the


brain characterized by more or less complete suspension of its
functions, as a result of injury to the head, which leads to some
commotion of the cerebral substance.

2. Open Wound – these have breach of continuity of the skin or


mucous membrane.
a. Abrasion (Scratch, graze, impression mark, friction mark) –
injury characterized by the removal of the superficial epithelial
layer of the skin caused by a rub or friction against a rough
surface.

As distinguished from erosion, the latter is the removal of the


superficial layer of the skin due to some other causes other than
friction or sliding.

This is characterized by:


a. There is a removal of epithelial layer of the skin.
b. It involves the outer layer or superficial portion of the skin or
tissues.
c. The raw area exudes blood and lymph.

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Forms of Abrasion
1. Linear – appears as a single line.

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2. Multi-Linear – develops when the skin is rubbed on a hard
rough object thereby producing several linear marks
parallel to one another.
3. Confluent – the linear marks on the skin are almost
indistinguishable on account of severity of friction and
roughness of the object.
4. Multiple – several abrasions of varying size and shapes
may be found in different parts of the body.

Types of Abrasion
 Scratches – brought about by the stroke of sharp-pointed
instrument over the skin producing the injury.
 Grazes – due to the forcible contact with a rough, hard
object resulting to irregular removal of the skin surface.
 Impact or Imprint abrasions – due to contact with a rough,
hard object in which the structural form of the object is
reflected over the skin.
 Pressure of Friction Abrasion – due to pressure applied and
with the accompanying movement over the skin.

Distinction between ante-mortem from post mortem abrasion:


Ante- Post-mortem
mortem
Color Reddish Yellowish and
brown translucent
Over bony prominences which
Location Any Area
comes in contrast with the rough
surface it rests
Vital Present Absent
reaction

b. Incised Wound (cut, slash, slice) – produced by a sharp-edge


(cutting) or sharp-linear edge of the instrument, like a knife,
razor, bolo, edge of oyster shell, metal sheet, glass, etc.
o edges are clean-cut, regular and well defined
o there is no swelling or contusion around the wound
o examination by means of magnifying glass shows that the
hair bulbs are cut

Changes that occur in an incised wound:


After 12 hours ----- edges are swollen; adherent with blood
and with leucocytes infiltration
After 24 hours ----- proliferation of the vascular
endothelium and connective tissue cells
After 36 – 48 hours-----------capillary network complete
After 3 -5 days------------------vessels shows thickening and obliteration
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Incised wounds may be Suicidal, Homicidal and Accidental depending upon
the location, direction and the presence or absence of hesitation cuts.

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1. Suicidal – located in a peculiar part of the body like the
neck, flexor surfaces of the extremities, wrist and
accessible to the hand in inflicting the injury.
2. Homicidal – usually deep, multiple and involve both
accessible and non-accessible part of the body to the
hands of the victim.
3. Accidental – usually brought about by the broken glasses,
edges of the iron steel, and many others

c. Stab wound – produced by the penetration of sharp-pointed and


sharp- edge instrument. If the sharp-edge portion of the
wounding instrument is the first to come in contact with the skin,
the wound produced is incised wound, but if the sharp-pointed
portion first comes in contact, then the wound is a stab wound.
The edges are clean-cut, regular and distinct.

d. Punctured wound – is the result of thrust of a sharp-pointed


instrument. It is commonly produced by an icepick and the like.
External hemorrhage is quite limited although internal injuries
may be severe.

e. Lacerated wound (tear, rupture, stretch, “putok”) – is a tear of


the skin and the underlying tissues due to forcible contact with a
blunt instrument
o edges are roughly cut, irregular and ill-defined.
o there is swelling and contusion around the wound
o examination with a magnifying glass shows that the hair
bulbs are preserved

Types of Lacerated Wound


 Splitting – A laceration produced by contact of the skin with the
two hard objects moving in the opposite direction over the skin.
Ex. Laceration of the scalp, cut eyebrow.
 Overstretching – laceration produced by contact of the skin to
moving hard object and characterized by the presence of a flap
of skin.
 Grinding compression – A laceration of the skin produced by the
crushing, rounding movement of a hard heavy object causing
separation of the skin from the underlying tissue.
 Tearing – A laceration characterized by a flap or torn skin at the
edge of the wound.
 Cut laceration – characterized produced by contact with a heavy
cutting instrument

Factors responsible for the severity of wounds:


1. Hemorrhage

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 Loss of blood incompatible with life – blood constitute about 1/20
of the body weight of an adult. An average size adult has 5 to 6
quarts of blood (one quart is 946 cc).

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 Hemorrhage may result in the increase of pressure in or on the
vital organ to affect the normal function.
2. Sizes of injury – bigger wounds are exposed to infection and other
physical condition of surroundings.
3. Organ involved
4. Shock – is the disturbance of fluid balance resulting tot the
peripheral deficiency, which is manifested by the decrease volume of
blood, reduced volume of flow, hemoconcentration and renal
deficiency.
5. Foreign body or substance introduced into the body
 Bacterial
 Viral
 Foreign body
 Chemical
 Toxin

Effects of Complication of Wound


 Hemorrhage
 Direct mechanical injury
 Shock
 Infection
 Embolism – clogging of blood vessels by foreign bodies such as
air or fats causing blocking to the blood flow

Points to consider in the Reporting of Wound


1. Character of the Wound
2. Location of Wound in the body
3. Measurement of the wound
 Length
 Width
 Depth
4. Number of Wound
5. Direction of Wound
6. Organs Involved
7. Severity of the Wound
8. Period of healing or incapacity of the victim

D. OTHER INJURIES RELATED TO WOUNDS

a. GUNSHOT WOUND
Firearm shot – injury is caused by the missile propelled by the
explosion of the gunpowder located in the cartridge shell and at the
rear of the missile.

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Entrance wound Exit wound
1. appears to be smaller than the
1. always bigger than the
missile owing to the elasticity of the
missile
tissues
2. edges are inverted 2. edges are averted
3. usually oval or round depending 3. it does not manifest any
upon the angle of approach of the definite shape
bullet
4. “contusion collar” or “contact
ring” is present, due to 4. “contusion collar” is absent
invagination of the skin and
spinning of the missile
5. tattooing or smudging may be
5. always absent
present when firing is near
6. underlying tissues may be
6. underlying tissues are not
seen protruding from the wound
protruding
7. may be absent if missile is
7. always present after fire
lodge in the body
8. paraffin test is always
8. paraffin test may be positive
negative

b. THERMAL INJURIES OR DEATH

1. Death or injury from cold

Signs and symptoms


a. Gradual lowering of the body temperature is accompanied by
increasing stiffness, weariness and drowsiness.
b. The person may be lethargic, passing the stage of coma to death.
c. Person may be suffering from delusion, convulsion and delirium.
d. Palpation of the coetaneous surface shows hardening and
coldness.

2. Death or injury from heat


a. Heat cramps (miner’s cramps, fireman’s cramps, stoker’s cramp)
– involuntary spasmodic painful contraction of muscles
essentially due to dehydration and excessive loss of chloride by
sweating.
b. Heat exhaustion (heat collapse, syncopal fever, heat syncope,
heat prostration) – is due to heat failure primarily caused by heat
and precipitated by muscular exertion and warm clothing.
c. Heat stroke (sunstroke, heat hyperpyrexia, comatose form,
thermic fever) – usually occurs among those working in ill-
ventilated places with dry and high temperatures due to direct
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exposure to the sun.

Local effect of heat


1. Scald – injuries produced by the application to the body, liquid at or
near boiling point, or in its gaseous state.

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2. Thermal burns – lesions which are caused by the application of heat
or chemical substances to the external or internal surfaces of the
body, the effect of which is destruction of the tissue of the body.
Classification of burns by degree (Dupuytren’s Classification)
a. First degree – erythema or simple redness of the skin
associated with superficial inflammation and slight swelling.
b. Second degree – vesicle formation with acute inflammation.
c. Third degree – there is a destruction of the cuticle and part of the
true skin. The burned area is very painful owing to exposure of
the nerve endings.
d. Fourth degree – the whole skin is destroyed with formation of
sloughs, which are yellowish-brown or parchment-like.
e. Fifth degree – this is involvement of the deep fascia and muscles.
This may result to severe scaring effect and deformity.
f. Sixth degree – charring of the limb involving subjacent tissues,
organs, and bones.

c. DEATH OR PHYSICAL INJURY BY LIGHTNING


Lightning – an electric charge in the atmosphere. The flash of
lightning is due to the passage from a thundercloud to the earth of a
direct electric current of enormous potential, amounting to something
like 1,000 million volts and about 2,000 amperes.
The injury is flash burn, which caused by superheated air. This is
always accidental and no one is liable.

d. DEATH OR PHYSICAL INJURY FROM ELECTRICITY


The main cause of death in electricity is SHOCK. Voltage is not
only the factors causing the injury but rather the amperage or intensity
of the electrical current is the principal factor. An increase in the
conductivity of the body will promote more injury. The electrical burns
are sometimes “electrical necrosis”.

e. DEATH CAUSED BY ASPHYXIA


Asphyxia – is the general term applied to all forms of violent
death which result primarily from the interference with the process of
respiration or the condition in which the supply of oxygen to the blood
or to the tissue or both has been reduced below normal level.

Classification:
1. Asphyxia by hanging – a form of violent death brought about by the
suspension of the body by a ligature with encircles the neck and the
constricting force is the weight of the body.

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Classification of asphyxia by hanging:
a. Typical – when the ligature runs from the midline above the
thyroid cartilage symmetrically encircling the neck on both
sides to the occipital region.
b. Complete – when the body is completely suspended and the
constricting is the whole weight.
c. Symmetrical – when the knot or noose is at the midline of the
body either at the occipital or below the chin.

2. Asphyxia by strangulation
Kinds of Asphyxia by strangulation:
a. By ligature – produced by the compression of the neck by
means of ligature which is tightened by a force other than the
weight of the body.
b. By manual strangulation or throttling – this is a form of
asphyxial death whereby the constricting force applied in the
neck is the hand
Special form of strangulation
a. Palmar – the palm of the offender is pressed in front of the
neck without employing the fingers.
b. Garroting – any object is placed around the at the and
tightened at the back.
c. Mugging – the assailant standing at the back and the forearm
is applied in front of the neck.
d. Compression of the neck with a stick

3. Asphyxia by suffocation – exclusion of air from the lungs by closure


of opening or obstruction of the air passageway from the external
opening of the air sacs. Kinds:
a. Smothering – caused by the closing of external respiratory
orifice, either by the used of the hand or by some other
means.
b. Choking – brought about by the impaction of foreign body in
the respiratory passage.

4. Asphyxia by submersion or drowning – the nostrils and mouth has


been submerged in any watery, viscid or pultaceous fluid for a time
to prevent the free entrance of air into the air passage and lungs.
5. Compression Asphyxia – form of asphyxia whereby the free
exchange of air in the lungs is prevented by the immobility of the
chest and abdomen due to external pressure or crush injury.
6. Asphyxia by breathing irrespirable gases

f. DEATH FROM STARVATION


Cause may be due to suicidal, homicidal or accidental. The
human body without food losses 1/24 of its weight daily and 40% loss
may result to death. Factors that influence the length of survival: age,
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condition of the body.

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E. INVESTIGATIVE ASPECTS OF PHYSICAL INJURY
This is the application of legal principles of physical injury and
the medical explanation of wounds and other injuries. In the conduct of
investigation of this kind of crime, the following accepted guidelines
are observed:

a. Incident Response Phase


It is the first exposure of the authorities to the reported physical
injury incident to be investigated. This type of incident maybe reported
immediately to the authorities, and/or the complainant reported
personally the incident to the authorities and require immediate
conduct of investigations. There are instances which the incident was
emanated from call from a hospital or even belated reports that need
to be investigated. In all these instances, the following guidelines
should be observed:
1. As first responder, give first aid, apprehend the suspected
offender (depends on discretion), protect and preserve pieces
of evidence, and cordon the area to protect the crime scene.
Note: If the incident was culled from a police response and the
suspect was arrested, inquest investigation may take place. If
the suspect is at large, follow the preceding guidelines.
2. Make a note or record all information upon arrival such as the
names of person present at the scene (victim, suspect or
witness), evidence and the general description of the place
and events (TDPO).
3. Coordinate with the Tactical Operation Center (TOC) of the
station and report the type of incident and inform the general
observation of the scene.
4. Upon arrival of the investigator, the first responder shall
provide all the information necessary in the conduct of
investigation.
Note: If any involved person (suspect or victim) has been taken
to hospital, a police investigator should go the hospital
immediately and take note of all the traces of evidence from
the body of the person.

b. Detailed Investigations Phase


It is the start of the general examination of all facts relative to
the circumstances in the commission of physical injury incident. It is
the responsibility of Investigator-on-case (IOC) and shall perform
the following:
1. Upon arrival at the crime scene, assume responsibility from
the first responders.
2. Conduct a general assessment of the scene, takes a
cautious walk- through, jots downs notes to extensively
document/record important factors and establishes the
evidence most likely to be encountered.
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3. Defines the extent of the search area, and determines
personnel, organization and equipment needed to make
specific assignments. From his assessment, he develops a
general theory of the crime scene to set

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his plan in motion. Services of the Forensic Unit can be
conducted as deemed necessary in crime scene processing.
4. Document the crime scene through sketch and photographs
or even videography. Observe the proper collection of
evidence and chain of custody.
5. Conduct analysis of the information gathered, evidence
recovered and accounts of witnesses. If the evidence is
insufficient, most of the times, investigators conduct back
tracking of CCTV recordings within the crime scene to
assertation the facts of the case and possible identification of
suspects and material witnesses.
6. Prepare an investigation report by providing the facts of
the case, findings/investigation, conclusion and
recommendation/disposition. Note: If the suspect/s is/are
arrested, documents to be prepared must be a case referral
for inquest proceedings which include the detailed facts of
the case, description of the evidence recovered supported by
sworn statements of victim and witness, affidavit of arrest,
medico-legal reports, and other documents.

In the conduct of detailed investigation for physical injury, the


victim is the main source of information about the circumstances of
the crime being investigated.

c. Medical Examination Phase


In this phase, the medical evidence is the primary consideration
in proving the nature and extent of the injury. This is the responsibility
of a physician where the victim consulted to assess the injury. This
includes:
1. Examination of the wounded/injured body
2. Examination of the wound and injury
 Character
 Location
 Depth
 Condition
 Extent
 Direction
 Number
 Condition of the locality
3. Extrinsic evidence in wound/injury
4. Evidence from the wounding weapon
 Position of the weapon
 Blood on weapon
 Hair and other substance on weapon
5. Evidence in the clothing of the victim
6. Evidence derived from the examination of the assailant
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7. Evidence derived from the scene of the crime

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Note: If the medical certificate or document was issued from private
hospital or clinic, it requires notarization to become a public document.

d. Case Management Phase


This phase is the preparation of all documents for the filing of
the case before the office of the prosecutor or court, as the case
maybe. This also include creation of Special Investigation Task Group
(SITG) who will conduct an aggressive, concerted and substantial
program of action to resolve the case.
In cases of Physical Injury, it is seldom the creation of SITG.
There are also instances that the case was settled at barangay level or
through alternative dispute resolution.

e. Preparation for Trial


The arresting officer, investigator-on-case and the expert
witness will be called for direct and cross examination before the court
in order to ascertain the veracity of the report submitted as basis of
probable cause in filing the case. The affirmation of these person will
prove their integrity and the processes conducted in order to shed
light to the case under investigation.

Review Guide Questions:


1. Among those medical classifications of wounds, which of
them is the most prevalent source of criminal case that
need to be investigated? Justify your answer.
2. Aside from penalty to be imposed, how different types of
physical injury differs from one another?

Enabling Assessment
1. Diego accidentally injured Marco while they are playing
basketball and as a result, the latter loss his three teeth. As
police officer who is present in the game, how will you
handle and manage the situation?
2. Dennis and Mario are suitors of Cristina. One day, they
accidentally meet at a coffee shop and had a heated argument
about their intention to Cristina. Due to jealousy, Marco punched
Dennis in his stomach and become unconscious. Dennis was rush
to the hospital and treated for one day. The attending physician
immediately discharge the patient and according to him, he
become unconscious because of overfatigue and lack of sleep. He
was further advised to rest for three (3) days. Dennis went to
police station and want to file a complaint against Mario.
Assuming that you are the duty investigator, what will be your
advice and how will you begin the investigation?

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