RESIDUOS

Rule to follow by a physician:

1. all injuries must be described

2. description of wound must be comprehensive, sketch/photograph

3. examination must be influenced be any other information obtained from others in making a report or a conclusion.

Outline of the medico-legal investigation of physical injuries:

1. General investigation of the surroundings:

a. examination of place where crime is committed.

b. Examination of clothing, stains, cuts, hair, f.b. in the crime scene c. Investigations on possible witnesses to the incident

d. Examination of the wounding instrument

e. Photography, sketching, accurate description of the crime scene.

2. Examination of the wounded body

- extent of the wound

= extensive injury – marked degree of force applied in the production of the wound.

= homicidal cutthroats are deeper, extensive, numerous than suicide

- direction of the wound > impt. in the position of the victim to the offender - number of wounds – several> homicidal

- conditions of locality

a. degree of hemorrhage b. evidence of struggle

c. information as to the position of the body d. presence of suicide note

e. condition of the weapon

ANTE-MORTEM WOUNDS POST-MORTEM WOUNDS HEMORRHAGE More profuse, arterial Slight or none, venous due to loss of tone of vessels,

Absence of heart action Post-mortem clotting of blood inside b.v.

Marks of spouting of blood No spouting of blood from arteries

Clotted blood Bld not clotted,or soft clot SIGNS OF Inflammation & reparative None

INFLAMMATION process

Swelling in the area, Effusion of lymph, pus Adhesion of the edges Unless if victim is weakened

SIGNS OF Fibrin formation No time of repair REPAIR growth of epithelium

Scab or scar formation

RETRACTION Deep staining of the edges Not deeply stained OF THE EDGES and cellular tissues can be removed by washing OF THE WOUND which is not removed by washing

of the skin and muscle fibers closely approximated to Each other unless if the wound is 1 to 2 hrs

after death

DETERMINATIONS IF WOUND IS:

HOMICIDAL SUICIDAL ACCIDENTAL ABRASIONS Not common unless Rarely observed Extensive If dragged abrasions MVA Or if victim resisted

CONTUSION Rare except when Found in any portion jumping from a height of the body - Fall INCISED Commonly observed Commonly observed Frequent but rarely WOUNDS * depth, location and surroundings cause of death

Points to consider in the determinat’n as to whether the wounds is A, S, H.

1. external signs and circumstances related to the position and attitude of the body when found.

2. location of the weapon or the manner in which it was held 3. the motive in the commission of the crime

4. the personal character of the deceased

5. the possibility for the offender to have purposely changed the truth of the condition.

6. other information a. signs of struggle

b. number and direction of wounds c. direction of wound

d. nature and extent of the wound e. state of clothing

LENGTH OF TIME OF SURVIVAL OF THE VICTIM AFTER INFLICTION OF THE WOUND

1. degree of healing> signs of repair of wound appear in less than a day after the infliction of injury.

2. changes in the body in relation to the time of death >systematic changes in the body = wasting, anemia, bed sore.

3. age of blood stain – not reliable

4. testimony of witness when the wound was inflicted.

POSSIBLE INSTRUMENTS WHEN USED BY THE ASSAILANT IN INFLICTING THE INJURIES

1. contusion – blunt

2. incised wound – sharp-edged instrument 3. lacerated wounds- blunt

4. punctured wounds – sharp pointed

5. abrasion – body surface is rubbed on a hard surface

6. GSW – the diameter of the wound of entrance may approximate the caliber of the wounding instrument.

Could the injury have been inflicted by a special weapon?

A physician cant determine that a specific weapon was used in inflicting a wound.

It is possible that it is caused by a certain instrument presented.

He must be cautious in giving categoric statements

Which of the injuries sustained by the victim caused death?

If with conspiracy – no need coz the act of one is the act of all.

If none- offenders are only responsible for their individual acts.

If multiple injuries: which of the wound injured a vital organ.

Or if same organ which caused the degree of damage.

Which of the wounds was inflicted first?

If multiple for the qualification of the offense committed.

First – treachery , murder Last - homicide

Consider:

1. relative position of the assailant and the victim when the first injury was inflicted on the latter.

2. trajectory/course of the wound inside the body of the victim 3. organs involved and the degree of injury

4. testimony of witness

5. presence of defense wounds – inflicted first.

Effect of medical and surgical intervention on the death:

If death followed after operation> offender is responsible if death was inevitable and that even with operation death is normal and direct consequence of the injury, and the physician is competent and in spite of exercise of degree of diligence still death is the outcome.

If death ensued even the wounds are minor, and death due to the negligence or incompetence of the physician then the offender cant be responsible.

Effect of negligence of the injured person on the death

If death occurred from complications arising from a simple injury owing to the negligence of the injured person in its proper care and treatment

= the offender is responsible for the death

= a person is not bound to submit himself to medical tx for the injuries received during the assault.

= unless if it is proven that the negligence of the victim is deliberate so offender is not responsible but only for physical injuries.

Power of volitional acts of the victim after receiving a fatal injury:

= dying declaration, attempt to kill the offender after the first blow of the offender

Relative position of the victim and assailant when injury was inflicted:

1. location of the wound 2. direction of the wound

3. nature of instrument used in inflicting the injury 4. testimony of the witness

EXTRINSIC EVIDENCES OF THE WOUNDS 1. evidences from the wounding weapon

= position of the weapon - near or grasp by victim = blood on weapon - may be stained with blood = hair and other substance on weapon

2. evidences in the clothing of the victim = soaked with blood - hemorrhage = gunpowder - distance

= tears - struggle

3. evidences derived from the examination of the assailant

= paraffin test, tears in clothing, blood stains, intoxication etc.

4. evidences derived from the crime scene

= amount of hemorrhage, wounding instrument etc.