COURSE CODE/ DESCRIPTION: Special Crime and investigation with Legal Medicine

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LESSON OVERVIEW

This module will discuss the continuation of topics regarding the identification of human
remains focusing Ante Mortem data connection, Post mortem data connection and
such. This module also will give us information in knowing the Miscellaneous Medico-
legal Issues Evidence.

PRELIMINARY ACTIVITY

Source: [Link]

WATCH AND GIVE AN INSIGTH ABOUT THE POST ANTEM PROCESS

LESSON OBJECTIVES

At the end of this module, you should be able to:

1. Discuss Reconciliation and Identification, National Policy on the Management of the
Dead and Missing Persons During Emergencies and Disasters
2. Identify the Ante-mortem Data Connection, Post-mortem Evidence Collection
3. Name the Rules on Evidence, Medico-legal Issues and Maintaining the Chain of
Custody
.
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LESSON PROPER
Ante-mortem Data Collection

It is especially important to collect, record, and process information regarding injured,

missing and deceased persons as well as individual otherwise affected by disaster in
order to obtain an overview of the scope of the disaster as quickly as possible.

An ante-mortem (AM) team shall be tasked to collect and record all information relating
to individuals who may be regarded as potential disaster victim. For the purpose of
collecting primary identification features, both the home and the workplace of each
missing person and other areas in which

the presumed missing person has been, should be treated like crime scenes wherein
the ante-mortem team will collect personal victim data through interview with relative,
friends, etc.
The following information and/or material should be gathered prior to the conclusion of
the interview.

• Any original medical and or odonatological records etc.

• Names and addresses of any medical practitioners consulted by the missing
person/ potential victim
• Names and address of dentist consulted by the missing person/ potential victim
• Descriptions of jewelry and property worn by the missing person
• Recent photographs
• Buccal smear or blood sample
• Descriptions and photographs
• Any objects that may contain the sole fingerprints and DNA
• Fingerprints
• Dental records
• DNA

Post-mortem evidence collection will require the following;

• Establishment of a morgue statin with a receiving points set-up, which will be

responsible for all incoming/outgoing bodies/body parts and reviewing
accompanying documents.
• Transport of bodies to and from morgue station
• Establishment of facilities for the examination of bodies with separate stations for
receiving of bodies,
• Number of bodies, wherein a single number is assigned to each body or body
part

Examination Procedure/ individual stations

• This section enumerates the steps involved in performing the examination:

• Following receipt of the body and the recovery record
COURSE CODE/ DESCRIPTION: Special Crime and investigation with Legal Medicine
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• The body registrar issues one unique number and records it on a blank pm form.
• The body registrar gives the PM record to the autopsy recorder
• The body registrar enters the PM number on the recovery report
• The body registrar provides the photographer with plates bearing the appropriate
PM number
• A property processor, assisted by the autopsy assistant, removes the clothing
from the body and cleans clothing and other items
• The photographer photographs the unclothed body.

The external and internal examination of the body is performed and DNA samples are
collected by the forensic pathologist, autopsy assistant and autopsy recorder.

• Assessment to dental status

• Collection of fingerprints
• Documentation of clothing
• Once the examination of clothing id completed, clothing is placed in a clear trash
• If possible full body X-ray or CT scans
• Performance of quality control measures

Reconciliation and identification

The reconciliation team compares the AM and PM findings submitted by the AM and
PM teams, respectively, considerable time can be saved in comparing data if a data
processing and evaluation software is used.

The identification board has the following specific responsibilities:

• Review and evaluate the evidence
• Decide whether evidence is enough to identify the victim
• Location and reassessment of non matches
• Compilation of results in a victim identification report

National policy on the management of the dead and missing persons during
emergencies and disasters

In times of emergencies and disasters, the government has a critical role standardizing
and guiding the tasks of handling dead bodies and guaranteeing that the dignity of the
deceased and their families is respected in accordance with their cultural values and
religious beliefs.

Miscellaneous Medico-Legal issue

Evidence
The mentioned support may be strong or weak. The strongest type of evidence is that
which provides direct proof of the truth of an assertion. At the other extreme is evidence
that is merely consistent with an assertion but does not rule out other, contradictory
assertions, as in circumstantial evidence.
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Evidence is the means by which any allege matter of fact whose truth is investigated at
judicial trial is established of disproved.

Direct Evidence
Evidence in the form of testimony from a witness who actually saw, heard, or touched
the subject of questioning. Evidence that, if believed, proves existence of the fact in
issue without inference or presumption.

DNA Analysis
DNA is a proven of material to use identification as a significant portion of the genetic
information, genetic information contained in a cell is unique to a specific individual and
thus differs-except analysis in identical twins from one person to the another

Circumstantial Evidence
is also known as indirect evidence. It is distinguished from direct evidence, which, if
believed, proves the existence of a particular fact without any inference or presumption
required.

Testimonial Evidence
It is a person's testimony offered to prove the truth of the matter asserted. Especially,
evidence elicited from a witness. This is also termed communicative evidence

Documentary evidence
is any evidence that is, or can be, introduced at a trial in the form of documents, as
distinguished from oral testimony.

Trace evidence
is created when objects make contact. The material is often transferred by heat or
induced by contact friction. The importance of trace evidence in criminal investigations
was shown by Dr. Edmond Locard in the early 20th century.

Evidence collection
it is necessary to determine and prove through various types of physical evidence, that
a particular person was present at the scene of a crime. For this reason, the collection
and forensic examination of evidence, such as fingerprints, blood, hair, fibers, soil, and
glass is routinely practiced. Since the criminal must either be walking or driving as they
enter or leave a crime scene, often it is important that shoe and tire impressions are
collected, as such can often provide excellent physical evidence.

RULE 130: Rules of Admissibility

A. OBJECT (REAL) EVIDENCE

Section 1. Object as evidence. — Objects as evidence are those addressed to the
senses of the court. When an object is relevant to the fact in issue, it may be exhibited
to, examined or viewed by the court. (1a)

B. DOCUMENTARY EVIDENCE
Section 2. Documentary evidence. — Documents as evidence consist of writing or any
material containing letters, words, numbers, figures, symbols or other modes of written
expression offered as proof of their contents.

Maintaining the chain of custody

It refers to the chronological documentation or paper trail showing the seizure, custody,
control, transfer, analysis, and disposition of evidence, physical or electronic, given that
evidence can be used court to convict persons of crimes, it must be handle in a
scrupulously careful manner to to avoid later allegations of tempering or misconduct.
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Testifying in court
The most common and important forum for a medico-legal expert continues to be the
criminal courtroom, the testimony of a forensic expert may be the determining factors in
a case of homicide, involuntary manslaughter, voluntary manslaughter, first or second
degree murder or in other criminal actions.

Expert witness is a witness who, by virtue of specialized knowledge, skill, education,

training, and experience, is deemed competent to provide opinion testimony in relation
to the matter before the court. The primary role of an expert witness is to express expert
opinions in connection w2ithj legal disputes

range may be qualified as an expert in relation to certain aspects of firearms, or the

proper operation of a shooting range, by virtue of experience alone.
There are several rules on the examination of witness as listed below
Section 1. examination to be done in open court

The examination of witness presented in a trial or hearing shall be done in open court
and under or affirmation. Unless the witness is incapacitated to speak, or the questions
call for a different mode of answer, the answers of the witness shall be given orally.

There are also several rules on the rights and obligations of a witness as tested below
Section 3. rights and obligations of a witness

A witness must answer questions, although his answer may tend to establish a
claim against him, however, it is the right or a witness:

(1) To be protected from irrelevance, improper, or insulting questions, and from harsh or
insulting demeanor
(2) Not to be detained longer than interest of justice requires;
(3) Not to be examined except only as to matters pertinent to the issue;
(4) Not to give an answer which will tend to subject him to a penalty for an offense
unless otherwise provided by law;
(5) Not to give an answer which will tend to degrade his reputation, unless it to be the
very fact at issue to a fact from which the fact in issue would be presumed (3a,19a)