LEGAL -Legal medicine is the professional and academic discipline which concerns itself with legal aspects of medical science, medical practice, and other health care delivery problems (American College of Medicine). -In some jurisdiction, legal medicine is synonymous with forensic medicine, but strictly legal medicine should include both forensic medicine and .

FORENSIC MEDICINE -Forensic medicine is a specialized area of medical practice, concerned with the relationship between medicine and the . More specifically, forensic medicine is the scientific use of medical and paramedical specialties, as well as various dental, psychological, biological, chemical, and mechanical techniques, in investigating the causes of a person’s , disability, injury, or disease. -In some jurisdiction, forensic medicine is interchangeable with medical jurisprudence or legal medicine. - In the Philippine jurisdiction, forensic medicine and medical jurisprudence are branches of legal medicine. - It compasses several specialties, such as forensic , odontology and psychiatry. A major focus is medicolegal death investigation, but medical forensic specialist also work in areas such as malpractice, investigation of human rights violations, violence against women and children, and litigation related to occupational and environmental health issues. (United States National Library of medicine, National Institute of Health). - Forensic medicine is the branch of medical science that uses medical knowledge for legal purposes; it is the application of medical knowledge of questions of law. In order to practice forensic medicine, one must first be a medical doctor and then must have special post-graduate training in forensics.

MEDICAL JURISPRUDENCE -Medical jurisprudence is a specialized area of legal practice concerned with the relationship between the medicine and the law. - It is the application of principles of law as they relate to the practice of medicine, to the obligations of the practitioner to his patient, and to the relations of physicians to each other and to society in general.(Dorland’s illustrated Dictionary, 1994.)

FORENSIC MEDICINE MEDICAL JURISPRUDENCE - That branch of medicine dealing with the - That branch of law dealing with the application application of medical knowledge to the of medical knowledge to the purposes of the purposes of the law law. - It refers to medicine as it relates to the practice - It covers legislation and civil suits (malpractice, of law such as the application of medical consent and others) being an application of knowledge in identification or criminal legal principles in medical practice. investigations.

FORENSIC PATHOLOGY - is the subspecialty of pathology that focuses on the medicolegal investigation of sudden or unexpected death.

Note: FORENSIC PATHOLOGIST -They are medical doctors who serve as medical examiners and sometimes as coroners. -They determine the cause and manner of death through autopsies and death investigation which include, however not limited to violent such as homicides, accidents and suicides. Other categories are suspicious deaths, sudden and expected deaths, deaths in children and infants, prisoners, persons under the care of an institution, situations where illicit drugs or alcohol may have contributed to the death, deaths occurring during or in close proximity to surgical procedure, deaths in individuals not under the care of a physician or when the private physician is unavailable or unwilling to certify the death certificate, and death when there is suspicion or a public health threat. They are licensed physicians who have completed medical school, medical internship, three years of pathology residency, and one year of forensic pathology fellowship. - They have passed general medical certification exams as well as pathology (anatomic pathology and/or clinical pathology) and forensic pathology board examinations administered by the Board of Pathology or in case of the Philippines, Philippine Society of Pathologists, Inc. - He is also an in the court of law, testifying in variety of civil and criminal cases involving death or injury.

BRANCHES OF PATHOLOGY -Pathologist is a specialized type of physician whose studies a vast variety of natural diseases and works in a hospital, a laboratory of a private setting. TWO TYPES OF PATHOLOGY: A. ANATOMIC PATHOLOGY A.1. Surgical Pathology -Surgical pathologist examines organs and tissues for the purpose of making a diagnosis to assist the primary physician caring for the patient. A.2. Autopsy Pathology (Forensic pathology) -Autopsy Pathologist performs autopsy examinations on individuals, usually in the hospital setting. Purpose: To determine the cause of death and to answer questions raised by the treating physicians and family members. Most hospital deaths are from natural causes. -A Forensic Pathologist is often called to investigate the possibility of an unnatural death, one not caused exclusively by natural disease. A.3. Diagnostic Cytology -Cytologist examines individual cells and groups of cells under the microscope to diagnose various benign and malignant conditions.

B. CLINICAL PATHOLOGY - It includes the various laboratory departments such as clinical microscopy, hematology, microbiology, immunology, serology, clinical chemistry, toxicology and transfusion medicine (the blood bank). Note: CLINICAL PATHOLOGIST - is commonly the director of the hospital laboratory. Pathologists tend to specialize in one or a few areas because there is simply too much to know for one person to be an expert.

FORENSIC SCIENCE - Forensics science may be generally defined as the application of scientific, technical or other specialized knowledge to assist courts in resolving questions of fact in civil and criminal trials. - Its primary objective is the even-handed use of all the available information to determine the facts and ultimately the truth no matter who they are instructed by.

CRIMINALISTICS - It is the science and profession dealing with the recognition, collection, identification, individualization, and interpretation of physical evidence, and the application of the natural sciences to law-science mtters.( Barnett, Criminalistics, 2002) - It is based on the theory of transfer: when two objects meet, some evidence of that meeting generally can be established and verified at a later time. - The following may be included under the criminalistics umbrella: a. Biology ( includes biochemistry, molecular biology and DNA analysis) Forensic Biochemistry and Molecular biology is important in the identification of fluids and their chemical composition. Forensic biochemist and Molecular biologist are responsible for the analyses of evidentiary material of biological origin (ie. Body fluids, human tissue and hair) with the aim of accomplishing the highest possible degree of human identification. Purpose: To link an individual’s presence on a and link relevant items containing genetic material related to crime scenes. They also attend post mortems for evidence and present expert evidence in court.

DNA (DEOXYRIBONUCLEOTIDE) ANALYSIS -It is the fundamental building block for an individual’s entire genetic makeup. It is a component of virtually every cell in the human body. It is a powerful tool because each person’s DNA is different from every other individual’s except for identical twins.

b. Chemistry c. Toxicology d. Microscopy e. Analysis of controlled substances f. Fire debris g. Explosive residues h. Hairs i. Fibers j. Glass k. Soil l. Paint and other materials m. and other impressions (footwear and tire tracks)

FINGER PRINT ANALYSIS -It includes Automated identification System (AFIS) technologies methods for developing latent fingerprints, and fingerprint comparison and identification. n. Questioned documents -It is sometimes called “Forensic Document Examination” which includes several different types of examinations like comparing handwriting with the known handwriting samples to determine whether or not a document was written by a specific individual; o. Tool mark and Firearms identification -refers to the use of class and individual markings made by tools or firearms to attribute markings to specific tools or bullets and/or cartridge cases to specific weapons. p. Reconstruction patterns -It uses physical evidence and its analysis to help put together past events in time and/or space. It typically requires the documentation and analysis of patterns such as bloodstain or glass fracture patterns.

FORENSIC ENTOMOLOGY -It specifically deals with the study of insects and related arthropods in relation to legal evidence. Forensic Entomologist use insect to help reconstruct the circumstances ( e.g. time of death, movement of the body) surrounding human death.

FORENSIC ODONTOLOGY -Forensic Odontologists are dentists and oral pathologists who most often consult for medical examiner offices. They identify people from dental structures and analysis/comparisons of bite marks.

FORENSIS TOXICOLOGY -Forensic Toxicologists are scientists who provide services in postmortem cases (support death investigations), human performance cases (driving under the influence of alcohol and/or drugs) and workplace testing ( mandatory job-related alcohol/drug testing).

FORENSIC ANTHROPOLOGY - is the study of human bones to determine the factors that will help understand who the victim is and how the death occurred. The forensic anthropologist can determine age, height, sex, race, as well as many other things about the homicide.

FORENSIC BOTANY -Forensic Botany is the study of plant material including pollen, at crime scenes.

FORENSIC ENGINEERING -In addition to the usual categories of engineering, engineering sciences include physics, chemistry, geophysics, etc. The forensic work of individuals in these fields is most often related to civil litigation, although occasionally their skills are needed in criminal casework. The range of forensic activity in the engineering sciences includes accident reconstructions, product failure investigations, structural failure analysis, and related investigations.

FORENSIC COMPUTER SCIENCE/ DIGITAL EVIDENCE -Forensic computer specialists are computer and information scientists/technicians who may be involved in the recovery and examination of the probative information from digital evidence. FUNCTIONS OF THE FORENSIS SCIENTIST a. Analysis Physical Evidence -The forensic scientist must be skilled in applying the principles and techniques of the physical and natural sciences in order to identify the many types of evidence that may be recovered during the crime investigations. b. Expert witness - An expert witness possesses a particular skill or has the knowledge in a trade or profession that will aid the court in determining the truth.

CRIME SCENE INVESTIGATION -Crime Scene Investigation involves the, use of scientific methods, physical evidence, deductive reasoning, and their interrelationships to gain explicit knowledge of the series of events that surround the commission of a crime. PURPOSE: The purpose of investigating an incident is to determine if a crime has been committed and to bring justice the person or persons who committed the crime. 1. Crime Scene - The place where the crime is located - Scene of the Crime Operations unit arrive and inspect the body either to provide first aid if still alive, however in case of a dead body, the medico-legal officer checks the body often to determine the time of death by measuring the liver temperature, check important evidences that will pinpoint to the possible cause and manner of death, and then decides whether there is a reason for an autopsy.

- 1.a. Primary vs. Secondary Crime Scene -A working definition of the crime scene, primary and secondary, is anywhere evidence may be located that will help explain the events. 1.b. Legal issues - A legal search may be done based on the Plain View Doctrine as in the following circumstances; if the resident calls for help at his or her dwelling, or if the evidence is in plain view, or an emergency condition exists in a dwelling place or place of business. -All other situations including many secondary scenes may involve a right to privacy issue and require careful analysis by the team before they proceed with the search. 2. Purposes of the Evidences collected at the scene: 2.a. Prove that the crime has been committed; 2.b. Indicate key aspect of the crime; 2.c. Establish the identities of the victims or suspects or determine what kind of investigation must be conducted and see how they corroborate ( or not) any testimony given by witnesses; 2.d. Help to exonerate a suspect who is innocent; 2.e Provide leads for further investigation; 2.f. Pressure suspects into giving confessions

3.Physical Evidence - Physical evidence is any object, smell, marking or impression, no matter how small, which may assist the investigator in the reconstruction of the crime, lead to the identification of the criminal, provide a link between a crime and its victim or a crime and its perpetrator. It can be as large as a house, small as a fiber or ingenious as an odor.

ROLE OF PHYSICAL EVIDENCE IN THE JUDICIAL PROCESSES:

a. It helps establish the elements of the crime; b. It helps reconstruct the crime or the crime of the scene; c. It may help associate or dissociate defendants with crimes; d. It can furnish proof as to the truth or falsity of an allegation; e. A suspect confronted with physical evidence may confess; f. It can be used to corroborate eyewitness testimony; g. Juries have come to expect physical evidence in criminal cases.

EVIDENCE TRIANGLE -The evidence triangle, through the physical evidence, establishes a link between the various facets of the crime scene, the victim, and the suspect. All of these components must be connected for a successful resolution of the case.

SCENE

Physical Evidence

SUSPECT VICTIM

PRINCIPLE OF INTERCHANGE -This is based on Locard’s Exchange principle that, “Every Contact Leaves its Trace”. The basis for the trace analysis in is the statement made in 1910 by the French criminologist, Dr. : “Every contact leaves its trace.” Since physical contact is involved in almost every crime, the analysis of plays a crucial role in crime scene investigation. No one can enter an environment without leaving some trace of his or her presence and without carrying away some trace of that environment. CRIME SCENE INVESTIGATION

- What to do when the victim is confirmed dead? a. The body should not be disturbed until sketches, diagrams and proper markings are done. It is done through the use of chalk, sticky tapes, tent pegs, and ropes depending on what would be feasible under the circumstances. b. The body and its immediate vicinity must be photographed at different angles for future reference.  Photographs are very important to establish clearly the physical relationship of the dead body to the other parts of the environment and to relevant forensic evidence.  E.g. The distance between the victim and the suspected weapon, blood spatters or splashes, any unusual graffiti or markings.  Description of the spatter or slashes may show from what blood vessel it came from whether from a severed artery or a cut vein.  It can even point to the direction of travel.  Photographs should show the position of the body from all angles and should be enlarged if necessary. c. Only after these have been accomplished may the body be carefully lifted and placed in a plastic bag properly secured so that trace evidence will not be lost on transport. d. The person assigned must be careful to lift the stain properly and preserve it for analysis. e. The scene of the crime must be cordoned off to protect the integrity of the place and avoid contamination from outside intruders. * Three types of cordon: 1. Outermost one- to ward off the curious onlookers; 2. Second cordon- limited to the other law-enforcers, government officials, and maybe the press; 3. Innermost cordon- would allow entrance only to those directly involved in the investigation. f. The immediate environment must be inspected for possible clues/ evidence that may shed light to the case. * IMPORTANT: The Crime Scene Investigator in performing the search methods, he must try to get answers to the following questions: a. What Happened? b. How did it happen? c. Who saw or who should have seen it happen? d. Who are possibly involved? e. Who is the deceased, his relatives, workmates, close friends?

COMMON SEARCH METHODS/ PATTERNS

1. GRID METHOD -Variation of the strip search method-best used outdoors. Personnel will search a strip along one axis, east to west and then come back and cover the same area on a north to south axis. This method provides a double check of the search area. 2. SPIRAL or CIRCULAR SEARCH METHOD -It is typically used for outdoor scenes and/ or underwater searches. This search pattern is usually conducted by a single searcher who walks in a slightly decreasing, less-than-concentric circle from the outermost boundary towards the center. The process should not be reversed. 3. STRIP OR LANE SEARCH METHOD -This is usually used for covering large or open areas. Personnel will line up shoulder to shoulder; usually an arm’s distant away from each other and moves slowly along examining parallel strips of terrain. When a suspected piece of evidence is located they will call the Team leader before taking any action. Personnel should try to maintain the straight line and move forward together to avoid missing areas. 4. QUADRANT OR ZONE SEARCH METHOD -Area to be searched is divided into zones or sectors. Each person is assigned a sector to do a thorough search. The sectors can then be searched by another if necessary. 5. POINT TO POINT METHOD - Even though this is not very systematic, it can be used in small confined areas. 6. CLOCKWISE-COUNTER CLOCKWISE INSIDE METHOD - This search pattern involves two agents working together. One agent would search in a clockwise direction searching the area from the waist up to the ceiling. The second agent would search counter clockwise waist down to floor. Once the agents have completed one pass they should reverse roles and repeat the process. 7. WHEEL SEARCH METHOD - This search pattern covers all the angles starting from the center just like the hub of the wheel and the search is conducted in a wheel fashion.

g. Record and Collect Physical Evidence 1. Photograph or videotape all items before collection and enter annotations in photographic or video log.

VIDEO EVIDENCE -It is often used to serve the ends of justice for the deceased who can no longer speak for themselves or for those too young to comprehend and defend themselves. - To be truly credible, a party presenting such video evidence must show the entire footage in order to avoid bias or at least state that what is being presented is only a part of a video. -Certainly such evidence is admissible in court and is often given much weight as it is more reliable than an eyewitness’s account of what in fact took place.

2. Mark evidence locations on the diagram/ sketch. 3. Complete evidence log with appropriate notations for each item of evidence. a. Have at least two persons: 1. See evidence in place before collection 2. Observe it being recovered 3. Mark the evidence 4. Count currency or inventory valuables seized as evidence/ contraband; 5. Place identifying marks on evidence containers (e.g. date, time, case number & agent) b. If feasible, have one person as an evidence custodian; c. Do not handle evidence excessively after recovery; d. See all evidence containers at the crime scene; e. Do not guess on packaging requirements- different types of evidence can necessitate different containers;   CHAIN CUSTODY - Chain custody records the movement of the evidence. It is the “life story” of the item from the time that it was discovered until it is no longer needed. Complete continuity in the chain of custody is essential to the admissibility of an item of evidence in judicial proceedings. An item of evidence, whose custody cannot be firmly established from the time of discovery to court presentation, may not be admitted no matter how potentially informative it could be. -It must be strictly applied so that the evidence will not be wasted due to inadmissibility in court. - The specimen collected must be properly identified, sealed and signed by the person who collected it and properly endorsed to the custodian. This can be accomplished with evidence identifiers, chain of custody forms, direct marking of the evidence items. - It is necessary to prove that the object being presented in court is the same one collected at the crime scene and in more or less the same condition. - Each container should have: a. collecting person’s initials; b. date and time it is collected; c. complete description of the evidence and where it was found; d. Investigating agency’s name and their file number.

WAYS TO SECURE CHAIN CUSTODY: A. Mark each item for identification purpose in such a manner as to not destroy any evidentiary value of the item. B. Enter the item on the chain custody when found, ensuring that the item number is the same as entered on the evidence log, placed on the item and on the sketch if one is drawn. C. Ensure that ne properly records handling or transfer from one person to another and document the reason for the transfer. D. Store the items in a secured vault or special room with limited access. E. Limit the number of personnel who are involved in the movement of the evidence. F. The longer the chain the more potential there will be for a weak link to exist.

4. Avoid Contamination of Physical Evidence -A contaminated physical evidence may be questioned in court and may be inadmissible as evidence. Potential contamination of physical evidence can occur at the crime scene, during the packaging, collection, transportation of the evidence to a secured facility or laboratory, and during evidence analysis and storage. - If evidence is properly collected from the scene, packaged, and handled correctly during transportation and storage, and decontamination procedures used, the potential for contamination will be greatly reduced. -“Bag it and Tag it” as one of the popular phrases of Lieutenant Honoratio Caine used to say in his CSI Miami Series. He is referring to the proper collection and preservation of evidence.

Factors affecting Contamination of Evidence: a. Environmental conditions - Wind, sun, snow and temperature can play key roles in the destruction of the evidence at a crime scene. e.g. blood at an outdoor crime scene when it rains: blood become so diluted that testing of the blood becomes impossible. Extremely hot and humid day: the fluid would be decomposed or contaminated by bacteria to a point where further analysis would be impossible or inconclusive at best. Wind: can carry in contaminates or literally blow away evidence. Temperature in the extremes: can obviously cause problems by the items containing evidence being cooked or frozen. Moisture: allows the growth of microorganisms which can destroy or alter evidence. b. Cross Contamination - The evidence containers should be closed and secured to prevent the mixture of evidence during transportation. c. Packaging of Evidence - Evidence is packaged to prevent destruction and contamination. New sterile containers, free of contaminants must be used to package all evidence. It must be sealed at the crime scene. d. Shipping or Transportation of Evidence - Transportation of evidence from the scene requires special consideration to prevent destruction and contamination. The ability to temporarily store the evidence controlled environment must exist or the evidence must be transported to the crime laboratory immediately. h. Autopsy is conducted to determine the cause of the sudden death which entails the following: a. Taking a photograph of the victim fully clothed and then after the clothes has been removed. b. Post-Mortem examination is a detailed and meticulous external examination and recording of any marks on the body (Scalp, neck area, back, hands and feet). a. Surface appearance of the wounds, its depth and location in relation to anatomic landmarks may help to reconstruct the incident. c. In making incisions, unnecessary distortion of the area of injury must be avoided if possible. d. Internal Examination- all body including the skull, must be opened. The amount of blood found in these cavities must be measured. (Injuries must be probed determine its depth and direction before internal organs are removed.) e. Adequate samples of body fluids must be obtained for proper analysis. ( e.g. blood, urine, stomach contents, semen or vaginal fluid, tissue samples) f. Parts of the body or organs which have a bearing to the death of the victim may be taken and preserved; otherwise all organs should be returned to the body before it is buried.

REASONS WHY CONDUCTING AN AUTOPSY MUST NOT BE LEFT TO A MORTICIAN? 1. Important observations may be missed if the procedure is not personally done by the trained doctor. 2. Universal precaution should be observed since tissues and fluids may be potentially infected.

EXHUMATION - The act of removing the body from the grave. It is allowed in our country for a variety of reasons. - The examination of the disinterred body does not give as much satisfactory results as a post- mortem autopsy.

FACTORS AFFECTING THE AUTOPSY AFTER EXHUMATION: 1. The condition of the body at the time of death 2. The embalming technique 3. The condition of the soil 4. The type of casket used

LECTURE 3: DECEPTION DETECTION

The knowledge of truth is an essential requirement for the administration justice.

Methods of deception detection, which are currently being used or applied by law enforcement agencies: 1. Devices which record psycho-physiological responses a. Use of a polygraph or lie detector machine b. Use of the word association test c. Use of the psychological stress evaluator 2. Use of drugs that try to “inhibit the inhibitor” a. Administration of “truth serum” b. Narcoanalysis or narcosynthesis c. Intoxication 3. Hypnotism 4. By observation 5. Scientific interrogation 6. Confession I. RECORDING OF THE PSYCHO-PHYSIOLOGICAL RESPONSE The Central Nervous System primarily controls the motor and sensory functions that occur at or above the threshold. It may be voluntary or . Types: 1. Automatic Nervous System- a self-regulating automatic response of the body 2 Complementary branches a. Sympathetic: Physical strain, emotional (fear, anger, excitement, lie detection) b. Parasympathetic: Works to restore things to normal (calm, contented, relaxed) Picture from p. 239, Human Physiology, fourth ed., Stuart Ira Fox.

A. Polygraph: it is appropriate to call it a lie detector. A lie detector records physiological changes that occur in association with lying in a polygraph. It is the fear of the subject that allows the determination. The 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.

Picture of a Polygraph Machine:

Reasons for the inadmissibility to the court of the result of polygraph examination: 1. Experimental Stage: lacks degree of standardization -Useful in investigation of a crime but has no place in courtroom 2. Tier of facts given almost conclusive heights to the polygraph experts’ opinion. - The judge is the one running the show in the courtroom and not the polygraph expert. 3. No assurance of a qualified examiner to a qualified examiner to administer the fact. -The polygraph is capable of a high degree of accuracy only when conducted under controlled condition by an examiner who is highly qualified due to his stability, experience, education and integrity. - Not quantifiable 4. Examinee- he may unwittingly waive his or her right against the self-incrimination. Why? ---- Unconscious quality of determining the truth. 5. Test has many errors=25% can a person be compelled to be subjected to a lie detector test.

B. Use of the 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: 1. The answer to the question may be “yes” or “no”. 2. The answer of the subject is to be recorded. 3. 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. 4. 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. 5. The 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. 6. The subject cannot be compelled to be subject to the test without his consent.

C. Use of the 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 to14 cycles per second and controlled by the nervous system. When a person is lying, the microtremor in the voice utterance is moderately or completely suppressed. The 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.

II. USE OF DRUGS THAT “INHIBIT THE INHIBITOR” A. Use of “Truth Serum,”-misnomer The procedure does not make someone tell the truth and the thing administered is not a serum but is actually a drug. -Hyoscine hydrobromide-by injection -Repeated doses – state of delirium -Is needed – questioning begins -Patient – feels the compulsion to tell the truth, forgets his alibi. -Drug – depressant of CNS- (cortex, diencephalons) -Admissibility as evidence

B. Narcoanalysis or Narcosynthesis: -Use of Sodium amytal/ Sodium penthotal -Drug causes the depression of the inhibitory mechanism of the brain and the subject talks freely.

C. Alcohol Intoxication: “In Vino Veritas” -The 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 masim.

Methods: 1. The 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 2. The questioning must start during the executor state when the subject has the sensation of his ell-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. When the subject is already in depressive state, he will no longer be able to answer any question. 3. 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 pf alcohol have disappeared. 4. Subject may not recall everything that he has mentioned or he may refuse to admit the truth of the statement given.

III. HYPNOSIS: the alteration of consciousness and concentration in which the subject manifests a heightened of suggestibility while awareness is maintained. Not all person are susceptible to hypnotic induction, subjects who are compulsive-depressive type, strong-willed like lawyers, accountants, physicians and other professionals are usually non-hypnotizable. Reasons why Hypnotism is not Admissible in Court 1. It lacks the general scientific acceptance of reliability of hypnosis per se in ascertaining the truth from falsity. 2. The fear that the truer of fact will give uncritical and absolute reliability to a scientific device without consideration of its flaws in ascertaining veracity. 3. The possibility that the hypnotized subject will deliberately fabricate. 4. The prospect that the state of heightened suggestibility in which the hypnotize subject as suspended will produce distortion of the fact rather than the truth 5. The state of the mind, skill and professionalism of the examiner are too subjective to permit admissibility of the expert testimony 6. Confession while under hypnotic spell is not admissible as evidence because such “psychiatric treatment” is involuntary and mentally coercive. 7. Although hypnosis may not yield admissibility evidence it may be pf some use during investigation.

IV. 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 pr a reliable proof of guilt of the subject, their presence infers further investigation to ascertain the truth of the impression. A. Physiological and Psychological Sign and Symptoms of Guilt: 1. 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. 2. Color Change- -Flushed face: anger, embarrassment and shame -Pale face: sign of guilt 3. Dryness of the Mouth- Swallowing and licking of the lips 4. Excessive Activity of the Adam’s Apple 5. Fidgeting-subject is constantly 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, beating and snapping fingernails, etc. These are indicative of nervous tension. 6. “Peculiar feeling inside”- There is a tension of lightness of the head and the subject is confused. This is the result of his troubled conscience. 7. Swearing to the truthfulness of his assertion- Usually a guilty subject frequently utters such expression. “I swear to god I am telling the truth” or “I hope my mother drops dead of a, lying”, ”I swear to God”…etc. Such expressions are made to make forceful and convincing his assertion of innocence. 8. Spotless past records-“Religious man”-The 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. 9. Inability to look at the investigator-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. 10. “Not that I remember” expression- the 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.

V. SCIENTIFIC INTEROGATION: It may be done on a suspect or a witness; lawyer ought to know how.

For purposes of investigation, the following are the different types of Criminal Offenders: 1. Based on behavioral attitude: a. Active aggressive offenders- impulsive manner -Aggressive behavior e.g. crimes of passion, revenge and resentments. b. Passive inadequate offenders 2. Based on the state of the mind: a. Rational offenders: Those who commit crime with motive or intention and with full possessing of their mental faculties. E.g.: Killing with evident premeditation b. Irrational offenders: Those who commit crime without knowing the nature and quality of his act. Example: Mad killer 3. Based on proficiency: a. Ordinary offenders- they are engaged in crimes which require limited skill. a. Professional offenders-they are highly skilled and able to perform criminal acts with the least chance of being detected. They require skill rather than violaence. Example: Pick-pocketing and shoplifting 4. Psychological classification: a. Emotional offenders-Persons who commit crimes in the heat of passion, anger or revenge, and also who commit offenses of accidental nature. They usually have a feeling of remorse, mental anguish or compunction as a result of their acts. They have a sense of moral guilt. The most effective interrogation: sympathetic approach b. Non-emotional offenders: persons who commit crimes for financial gain Usually recidivist or repeaters. Interrogation technique: Appeal to his common-sense and reasoning rather than to his emotion.

Techniques of Interrogation: 1. EMOTIONAL Appeal— The interrogator must create a mood that is conducive to confession. He must be sympathetic and friendly to the subject.

2. Mutt and Jeff Technique—There must be at least two investigators, with opposite character; one (Mutt) who is arrogant and relentless who knows the subject to be guilty and will not waste time in the interrogation, and the other (Jeff) who is friendly sympathetic and and kind. When Mutt is not present, Jeff will; advise the subject to make a quick decision and plea for cooperation.

3. Bluff on split-pair technique ---This is applicable when there are several persons who participated in the commission of the crime. The suspects are interrogated separately, the results of the individual statements are not known to each other. And the interrogator may claim that the subject is being implicated by the other and that there is no use for him to deny participation. 4. Stern approach –The questions must be answered clearly and the interrogator uses harsh language. Immediate response from the subject is demanded.

5. The subject is given the opportunity to make lengthy, time consuming narration.

Basis of investigator’s Inference that the subject is not telling the truth:

1. The subject’s statements have many improbabilities and gaps on its substantive parts. 2. The subject’s statements are inconsistent with material facts. 3. The subject’s statements are incoherent, conflicting with one another.

CONFESSION: is 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.

Difference between confession and admission: CONFESSION is an admission of guilt while ADMISSION is usually a statement of fact by the accused which doers not directly involve an acknowledgment of guilt.

Kinds of Confession:

1. Extrajudicial confession- made by an accused, shall not be sufficient ground for conviction, unless corroborated by evidence of corpus decti. i. Voluntary ii. Involuntary

2. Judicial confession- made in open court, admissible against the accused.

Maltreatment of Prisoners for the purpose of Exhorting confession or to obtain some information is crime punishable under Article 235, Revised Penal Code.

Torture: as defined under The Tokyo Declaration:

-The 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 force another person to yield information, to make a confession, or for any other reason.

LECTURE IV: Identification and DNA Fingerprinting

IDENTIFICATION-is the determination of the individuality of a person or a thing Importance: 1. In the prosecution of the 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 charge of acquittal of the accused. 2. The identification of a person missing or presumed dead will facilitate settlement of the estate, retirement, insurance and other social benefits. It vests on the heirs the right over the properties of the identified person. 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 presume dead. In special instances, the seven years period may be reduced to four years. (Art. 391, Civil Code) 3. 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. 4. Identification may be needed in some transactions, like cashing of check, entering a premise, delivery of parcels of registered ma8l in post office, sale of property, release of dead bodies to relatives, parties to contact, etc.

Rules in Personal Identification:

1. of Multiplicity of Evidence in Identification- the greater the number of points of similarities and dissimilarities of two persons compared, the greater is the probability for the conclusion to be correct. 2. The value of the different points of identification varies in the formulation of a conclusion. a. Fingerprints- positively establish the identity of the person while bodily marks, like moles, scars; complexion, shape of nose, etc. are merely corroborative. b. Visual recognition- by relatives, friends maybe of lesser value as compared with fingerprints and dental comparison. 3. The longer the interval between death and the examination of the remains for purposes of identification, the greater is the need for experts in establishing identity. 4. 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. 5. No rigid rule observed in the procedure of identification of persons.

Methods of Identification:

1. By comparison- Identification criteria recovered during investigation- compared of records available in the file or post-mortem finding are compared with ante-mortem records. Examples: a. Latent fingerprints recovered from the crime scene are compared with the fingerprints on file of an investigating agency. b. Dental findings on the skeletal remains are compared with the dental records of the person in possession of the dentist.

2. 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:

I. Ordinary Methods of Identification: those which laymen use to prove identity. 1. Characteristics which may easily be changed: a. Growth of hair, beard and mustache b. Clothing c. Frequent place of visit d. Grade of profession e. Body ornamentations 3. Characteristics which may NOT easily be changed: a. Mental memory b. Speech c. Gait d. Mannerism – stereotype movement or habit peculiar to an individual. e. Hands and feet f. Complexion g. Changes in the eyes h. Facies i. Left or right handedness j. Degree of Nutrition

Points of Identification Applicable to both living and dead before decomposition sets in: 1. Occupational Marks: 2. Race a. color of skin b. features of face c. features of skull d. wearing apparel

3. Stature: a person ceases to increase in height after the age of 25.

Methods of Approximating the Height of a Person: 1. Measures distance between the tips pf the middle fingers of both hands extended laterally equals to height; 2. 2X length of one arm plus 12.5 inches from the clavicle and 1.5 inches from the sternum is the approximate height. 3. 2X the length from the vertex of the skull to the public symphysis is the height. 4. The distance between the supra-sternal notch and the publish symphesis is about one- third of the height. 5. The distance from the base of the base of the skull to the coccyx is about 44% of the height. 6. Length of forearm from tip of olecranon process to the tip middle finger is 5/9 of the height. 7. 8X the length of the head is approximately equal to the height of the person. 4. Tattoo marks-- introduction of coloring pigments in the layers of the skin by multiple puncture. Importance: 1. Helps in identifying a person. 2. Indicates memorable events in his life. 3. Indicate the social stratum to which the person belongs. 4. Implies previous commitment in previous or membership in a criminal gang.

5. Weight- easily changes from time to time. 6. Deformities- congenital or acquired 7. Birth marks- spot naevi, port wine, or a mongolian blue spot. c. 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

11. 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 ii. Burns ands scald- scars are large, irregular in shape, and may kelooid. Scar of scald may show stipples surface iii. Gunshot wounds- depressed are center and may be adherent to the underlying tissue. Tuberculosis sinus- Irregular in shape furrowed, with edges. v. Flogging- Fine white lines diagonally across back, depressed small spots are interval. Gumma- depressed scar following loss of tissue. Venesection- viii. Wet cupping- Short parallel scars on lower part of the back and loin. 12. Tribal marks- marks on the skin by tattooing or branding 13. Sexual organ- circumcision 14. Blood examination- blood type, disease, parasitic infection or toxic substances present may be utilized to distinguish one person from another.

ANTHROPOMETRY (Bertillion System) Anthropometrical measurement of the human body as the basis of identification.

Basis: 1. The human skeleton is unchangeable after the twentieth year. 2. It is impossible to find two human beings having bones exactly alike. 3. The necessary can easily be taken with the aid of a simple instrument.

PORTRAIT PARLE’- (Spoken Pictures)- Is a verbal, accurate and picturesque description of the person identified.

In many instances the investigator does not have a picture of the wanted or missing person. The only way to have an idea of the prominent physical features is for the witnesses or someone who has knowledge of the identity to tell him. If a skilled investigative illustrator is available, a picture of the person to be identified may be drawn or sketched. As a check to the sketch or drawing made, it must be shown to the person(s) who gave the information to see wethwer it tallies wioth the person to be identified.

ROGUE’S GALLERY or PHOTOGRAPHIC FILES- marked files wherein the picture(s) of a suspect is compared with the cartographic sketch EXTRNSIC FACTORS IN IDENTIFICATION:

1. Ornamentaions 2. Personal belongings 3. Wearing apparel 4. Foreign bodies 5. Identification by close relatives 6. Identification records on file at the police department, immigration bureau, hospitals, etc. 7. 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.

a. Broad daylight: A person can hardly recognize another person at a distance farther than 100 yards if the person has never been seen before, but persons who are almost strangers may be recognized at a distance of twenty-five yards.

b. 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 pr a murder because:

1. Usually the assailant is hidden. 2. The assault is unexpected and attention of witness is at its minimum.

c. Flash of lightning: Produces sufficient light for the identification of an individual provided that the person’s eye is focused towards the individual he wishes to identify during the flash.

d. 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 H. Identification of hair and fibers

A. FINGERPRINTING: considered most valuable method of identification; universally used because:

1. There are no two (2) identical fingerprints - Chances of (2) fingerprints being the same are calculated to be 1: 64,000, 000,000 (population of the world) which is - 10x the number of fingers existing in the world

2. Fingerprints are not changeable: Fingerprints are formed in the fourth month of pregnancy. During the latter stage of pregnancy as well as after birth, the pattern enlarges but no changes take place in the number and arrangement of the friction ridges. It can be said that fingerprints are an indelible signature which a person carries from the cradle to the grave.

Uses of Fingerprints:

1. Help establish identification in cases of dead bodies and unknown or missing persons. 2. Fingerprints recovered for scène 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 recognized as a substitute for signature on legal documents (Philippines), left thumb (India) and right pointing finger (Spain). Dactylography- the art and study of recording Fingerprint as a means of identification.

Dactyloscopy- the art of identification by comparison of fingerprints. It is the study and utilization of fingerprints.

P oroscopy- type study of identification of the pores found on the papillary or friction ridges of the skin for purposes of identification. It is also called as the Locards’ Method of Identification.

Methods of Producing Impressions (Fingerprints) 1. Plain method 2. Rolled method

Kinds: 1. Real Impressions 2. Chance Impressions a. Visible print- visible without previous treatment. Visible immediately after impression. b. Plastic print- printed on paraffin, putty, resin, cellophane, plastic, tape, butter, soap, and etch. c. Latent print- prints that are not visible after impression but made visible by the addition of some substances.

How to develop latent prints: 1.Application of fine powder 2.Chemical development by funning and immersion

How to get fingerprint impressions are taken from Dead bodies a. fresh dead bodies b. Floaters- shortly recovered by bodies of water Floater- has been immersed in water for longer time. c. Same procedure as described may be applied to putrefied or burned bodies according or circumstances.

Poroscopy (Locard’s method of identification)- is applied when and only a part of the fingerprint is available for proper means of identification. d. Can fingerprints be effaced? Can fingerprints be forged?

B. DENTAL IDENTIFICATION:

Dental identification is 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. The enamel of the teeth is the hardest substance of the human body 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.

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.

HANDWRITING:

A person may be identified through: 1. handwriting 2. handprinting 3. hundnumbering

The Sec.22, Rule 132 of Court: the genuineness of any disputed handwriting may be probed by: 1. Acknowledgement of the alleged writer that he wrote it. 2. Statement of the witness who saw the writing made and is able to identify it as such. 3. By the opinion of persons who are familiar with the handwriting of the alleged writer. 4. By the opinion of an expert who compares the questionable 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. 50 (b), Rule 130- Opinion of Ordinary witness.

Some practical uses of handwriting examination:

1. Financial crimes- bogus checks, credit cards fraud and embezzlement 2. Death investigation- suicide notes, hotel registration cards, letter of explanation. 3. Robberies- pawnshop receipts, cashing of stolen checks 4. Kidnapping with ransom- demand notes, threatening letter. 5. Anonymous threatening letters 6. Falsification of documents- deeds of conveyance, receipts

Bibliotics- is the science of writing analysis, determinants genuiness and authorship

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.

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 one’s arms, movement of hands, but involves one’s intelligence.  Therefore, it is a testimonial knowledge violative of the right against self-incrimination.

Two (2) types if handwriting examination done by comparison with known standards: 1. Collected (procured) standard- These 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 a most appropriuate standard. - 15 handwriting specimens (used as standards)

2. Requested standard- These are 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 b 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 or “poison” notes or letter of threat or ransom, etc.

* Please review the following: Handwriting Characteristics of Illiterates, Old Aged Persons and Disguised Writing, pp.71-73 of your book, Forensic Medicine by Solis, 1988 ed.

Signature forgery – is the 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 forgery- the outlining 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 person’s normal writing.

Ways of achieving traced forgery:

a. 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. b. 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. 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- forger’s own handwriting wherein little or no attempt has been made to copy the characteristics of the genuine writing.

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 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.

-Superimposed photography

How to determine Whether the remains are of human origin or not: 1. Size, shape and general features of the remains, especially that of the head must be studued; 2. Complete lay-out of the whole bones found and arranging them in their corresponding anatomical places; 3. 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.

How to determine whether the remains comes from a single individual or not: 1. A complete lay-out of the bones on a table in their exact locations in the human body is necessary. 2. Any plurality or excess of the bones after a complete lay-out denotes that the remains belong to more than one person. 3. However, congenital deformities must not be forgotten. 4. The unequality in sizes, specially in the limbs may be antemortem. 5.

The basis of the estimate for duration of interment: 1. Presence or absence of soft tissue still adherent to the bones 2. Firmness and weight, brittleness, dryness of the bones. 3. The degree of erosion of the surface of the bones. 4. The changes in the clothing, coffin and painting.

DETERMINATION OF SEX: Legal importance of determination of Sex Determination 1. As an aid in identification 2. To determine whether an individual can exercise certain obligations vested by law on one sex only. 3. Marriage or the union of a man and a woman 4. Rights granted by law are different to different sexes. 5. There are certain crimes wherein a specific sex can only be the offender or victim.

How to determine sex: 1. Social tests 2. Genital tests 3. Gonadal tests 4. Chromosomal test

Problems in Sex Determination 1. Gonadal agenesis- (testes or ovaries) have never developed 2. Tue hermaphrodism- A state if bisexuality DETERMINATION OF AGE:

Legal importance of Determination of Age: 1. As an aid in identification 2. Determination of criminal liability 3. Determination of suffrage 4. Determination of exercise of civil rights 5. Determine the capacity to contract marriage. 6. As a right to certain crimes- rape, infanticide, seduction (qualified, simple), consented abduction.

Determination of the age of a fetus: 1. Application of the Hess’s Rule or Haasse’s Rule: a. 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. b. Fetus more than 25 cm. long or more- divide the length of the fetus by 5, and the result is the age of fetus in months.

2. Examination of the product conception.

IDENTIFICATION OF BLOOD AND BLOOD STAINS:

Legal importance of the study: 1. For disputed parentage (maternity and paternity) 2. Disputed maternity may arise a. Alleged switching of babies the nursery of the hospital; b. Cases of stray children claimed by two (2) or more women; c. For ownership of dead fetus or newly born child found in the trash.

3. Circumstantial or corroborative evidence against or in favor of the perpetrator of a crime. E.g. “A” stabbed to death- “B” found with blooded knife- examination shredded 4. Determination of cause of death 5. Determination of direction of escape of victim or assailant -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 commition 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

Prescriptin test: If a positive result is obtained, more or less conclusive way that the blood stains is of human origin although anthropoid ape may give the same result.

Blood Grouping:

Value of Test- it may solve disputed parentage (paternity and maternity) - A positive result is not conclusive but a negative is conclusive that he is not the child of the alleged parents.