Medico-legal investigation oF wounds

MARIA KATRINA S. TANJUSAYLLB- 4CMedico-legal investigationOfwoundsI. Outline of the medico-legal investigation of physical injuries:1) General Investigation of the surroundings:

Place where the crime was committed clothing, stains, cuts, hair and other foreign bodies Witnesses wounding instruments Photography, sketching, or accurate description of the scene of the crime for preservation

2) Examinations of the Wounded Body:

a) Examinations applicable to the living and dead victim: Age of the wound kind of weapon multiplicity of wounds injury: accidental, suidal, or homicidal b) Examinations applicable to the living: Purpose: To determine whether the injury will produce any of the following: danger to life; permanent deformity; shock; complication

c) Examinations applicable to dead victim:

Purpose: To determine whether the wound is caused by or produce the following:

ante-mortem or post-mortem mortal or not death accelerated by a disease accident, suicide or homicide

a. Character of the Woundh. Conditions of LocalityII. DETERMINATION WHETHER THE WOUNDS WERE INFLICTED DURING LIFE OR AFTER DEATHDISTINCTIONS BETWEEN ANTE-MORTEM & POST-MORTEM WOUNDSANTE-MORTEM WOUND POST-MORTEM WOUND1. Hemorrhage more or less copious and generally arterial.1. Hemorrhage slight or none at all and always venous.2. Marks of spouting of blood from arteries.2. No spouting of blood.3. Clotted blood3. Blood is not clotted; if at all, its a soft clot.4. Deep staining of the edges and cellular tissues, which is not removed by washing.4. The edges and cellular tissues are not deeply stained. The staining can be removed by washing.5. The edges gape owing to the reaction of the skin and muscle fibers.5. The edges do not gape, but are closely approximated to each other, unless the wound is caused within one or two hours after death6. Inflammation and reparative processes.6.No such processes.Source: Medical Jurisprudence and Toxicology by N.J. Modi, 12th ed., p.237.Determinations whether the wounds are homicidal, suicidal, or accidentalAs to the Nature of the Wound Inflicted:a. Abrasions

b. Contusion

c. Incised Wounds

ACCIDENTAL DEATH Extensive abrasions due to traffic accident found in any portion of the body, due to a fall and forcible contact with hard objectsRare SUICIDAL DEATH rarely observedrarely observed, except if done by jumping from a height

Commonly observed

HOMICIDAL DEATHCommonly observed when the victim offered some degreeOf resistance to the attackerCommonly observedOther information:

Signs of StruggleNumber and Direction of Wounds Direction of the wound Nature and Extent of the Wound State of the ClothingsIII. LENGTH OF TIME OF SURVIVAL OF THE VICTIM AFTER INFLICTION OF THE WOUND

FACTORS(1)Degree of Healing(2)Changes in the Body in relation to the Time of Death(3) Age of the blood stain(4)Testimony of the WitnessThe injured portion of the body undergoes chemical and physical changesThe capillaries are dilated and edema develops at once.Migration of white cells from capillaries to damaged area Fibroblasts begin to proliferate with formation of the granulation tissues Signs of repairBASIS AS TO HOW LONG A PERSON SURVIVED:

Degree of the ff:Wasting anemiaCondition of the faceBed sore formation

* Physical color changes of the skinactual witness may testify to the exact time the wound was inflictedMedical evidence is merely corroborativeIV. POSSIBLE INSTRUMENTS USED BY THE ASSAILANT IN INFLICTING THE INJURIESNATURE OF WOUND WOUNDING INSTRUMENT1. Contusion blunt instrument

2. Incised wound Sharp-edged instrument3. Lacerated wound blunt instrument4. Punctured woundSharp-pointed object5. Abrasion rough hard surface6. Gunshot wound the diameter of the wound of entrance may approximate the caliber of the wounding firearmV. WHICH OF THE INJURIES SUSTAINED BY THEVICTIM CAUSED DEATHVI. WHICH OF THE WOUND WAS INFLICTED FIRST?FACTORS1. Relative position of the assailant and the victim when the first injury was inflicted on the latter2. Trajectory or course of the wound inside the body of the victim3. Organs involved and degree of injury sustained by the victim4. Testimony of witnesses5. Presence of defense wounds on the victimVII. EFFECT OF MEDICAL AND SURGICAL INTERVENTION ON THE DEATH*The offender will still be held responsible if it can be proven that death may result even without operation by physician* If the victim merely received minor wounds but death resulted on account of gross negligence of the physician, the offender is free from liability. The latter will be responsible only to physical injuries inflicted prior to such case. EFFECT OF NEGLIGENCE OF THE INJURED PERSON ON THE DEATH

A person is not bound to submit himself to medical treatment for the injuries received during the assaul. The fact that the victim would have lived had he received appropriate medical attention, is immaterial. Hence, the refusal of the deceased to be operated does not relieve the offender of the criminal liability for his death (People vs Sto. Domingo, C.A. G.R. No. 3783)VIII. POWER OF VOLITIONAL ACTS OF THE VICTIM AFTER RECEIVING A FATAL INJURYDying declaration medical witness determines victims capacity to perform volitional acts

Fatal injuries which may not hinder to perform volitional acts:General Rule: severe injury of the brain and cranial box produces unconsciousness, but after a while the victim may be capable of performing volitional acts

Wounds of the big blood vessels like carotid, jugular or aorta do not prevent the person from exercising volunt5ary acts

Penetrating wound of the heartIX. RELATIVE POSITION OF THE VICTIM AND ASSAILANT WHEN INJURY WAS INFLICTEDX. EXTRINSIC EVIDENCES IN WOUNDS(1) Evidences from the wounding weapon(2)Evidences in the Clothings of the Victim(3)Evidences derived from the Examination of Assailant(4)Evidences derived from the Scene of the CrimePosition of the Weapon

Blood on weapon

Hair and Other Substance on weapon* Cases of gunshot woundsBlood stains from the victimFingernailsParraffin testDegree of intoxication, mental condition, physical powerCondition of surrounding objectsAmount of hemorrhageIdentifying articles Wounding instrument