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Forensic Medicine vs. Jurisprudence

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0% found this document useful (0 votes)
39 views29 pages

Forensic Medicine vs. Jurisprudence

Uploaded by

Manish Bolakhe
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd

Forensic Jurisprudence, Forensic

Medicine and Forensic Sciences


(Introduction)
By

[Link] Wasti, M.D., [Link]. (Forensic Medicine),


B.L.
Former Chief Consultant Forensic Medicine GoV
Visiting Professor I O M , PAHS, PU
Forensic Jurisprudence

• Forensic Jurisprudence deals about the admissibility of

forensic sciences evidences in civil and criminal proceeding

and application of such evidences in the court.

The area covered by this subject is related with

- Medical evidences

- Any scientific evidences from forensic science laboratories


Forensic Medicine

• It is the branch of medicine, which deals with the


application of facts and knowledge of medical science for
the purpose of law or justice.

• It is the synonym of forensic pathology and legal medicine.


Forensic Sciences
• The application of the facts and knowledge from the
diverse field of sciences for the purpose of law or
justice.
• It is much broader than Forensic Medicine.
• Basically laboratory works and reports of scientific
analysis are taken as evidences.
• For example; finger prints, document analysis, ballistic
analysis, DNA analysis etc are common reports in
criminal and civil cases.
Importance of Forensic Medicine

• Forensic medicine deals almost with crimes against


the persons in which medical examination &
documentation reports are taken as evidences in
many criminal cases.

Evidences are necessary for right decision of the


case
Branches of FM
1. Post-mortem examination or autopsy: examination
of the dead and skeletal remains.

2. Clinical forensic medicine:

• Injury examination

• Cases of sexual offence examination

• Torture victim examination


Contd…

• Age estimation
• Mental state examination
• Drunkenness examination
• Examination of female in concern with pregnancy,
abortion & delivery
• GBV and domestic violence
Contd..

3. Toxicology
-Forensic toxicology
-Clinical toxicology
4. Human Rights Forensic
-EJK, custodial deaths, torture etc.
5. Humanitarian Forensic; identification in disasters
Purpose of ML Investigation
1. To aid in the discovery and prosecution of crime:
• Death investigation
• Abortion cases
• Infanticide
• Torture victim identification
• Sexual offences
• Child abuse
Contd
2. To protect the innocent person who might otherwise be
accused of crime:
• In overlooked situation of accident and suicide taken as
homicide
• Cases of false allegation

3. Protection of the public health:


• Health hazardous foods, drugs and chemicals
• Death during treatment.
Cont…

4. To aid in the administration of civil justice:

• Settlement of life and accidents insurance claims

• Compensation
What is Medico-legal?

• This is medical examination and documentation for


legal purpose

• It is necessary in court cases related with illegal


activities against human body (मानव सरिर बिरुद्धका
अपराध)

• Medical examination prepares evidences

• Evidences are necessary for court decision


Common Medico-legal Problems in Nepal

• Lack of clear and sufficient legal provisions in medico-legal sector


• Not identified medico-legal service sector by state

• Insufficient and absence of basic facilities in hospitals


• Lack of general knowledge in concerned stakeholders of crime
investigation and general public

• Strong myths in laws and public attitude


Relation of Forensic Med. with Forensic Sciences
• Complete investigation of many criminal cases needs
application of both sector.
• Fingerprint, DNA are major tools for identification

• To find the causes of death; doctors need forensic and


clinical lab. analysis of different samples.
• For collection of physical material like bullets, pellets
which need further forensic analysis to confirm or
rule out the case.

• To get linkage between scene, victim and accused


both sectors are used.
(FORENSIC Medicine and Sciences)
Textbooks for references:
1. The essentials of Forensic Medicine-Dr.
[Link] & O P Murthy Recent edition
2. Handbook of forensic Medicine and Toxicology-Ed.
V.V Pillay.
3. Principles and Practice of Forensic Medicine:
Krishan Vij
4. Textbook of Forensic Medicine and Toxicology:
[Link]

Common questions

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Forensic medicine and forensic sciences work together to establish a link between crime scenes, victims, and suspects by integrating medical findings with scientific data. Forensic medicine provides medical reports and documentation critical for understanding injuries and causes of death, while forensic sciences supply analyses of physical evidence like fingerprints and DNA. This integrated approach helps reconstruct the sequence of events, establish timelines, and provide a cohesive narrative that links the scene, victim, and accused through empirical evidence .

Essential reference texts for studying forensic medicine and toxicology include 'The Essentials of Forensic Medicine' by Dr. K.S.N. Reddy & O. P. Murthy, 'Handbook of Forensic Medicine and Toxicology' edited by V.V. Pillay, 'Principles and Practice of Forensic Medicine' by Krishan Vij, and 'Textbook of Forensic Medicine and Toxicology' by N.G. Rao. These texts are important for providing comprehensive knowledge, staying updated with the latest forensic practices, and helping professionals and students understand the theoretical and practical aspects of forensic science in both educational and applied settings .

Forensic jurisprudence primarily focuses on the admissibility of forensic evidence in civil and criminal proceedings. It integrates with forensic sciences and forensic medicine by ensuring that medical and scientific analyses, such as DNA analysis, fingerprinting, and autopsy reports, are admissible and used appropriately in legal contexts to support the judicial process. This integration enables a systematic approach to interpreting physical evidence and medical findings for establishing case facts and reaching a verdict .

Forensic sciences extend beyond forensic medicine by covering a broader spectrum of scientific analyses applicable to legal cases. While forensic medicine is primarily concerned with medical aspects related to crime, forensic sciences encompass a diverse range including chemistry, biology, physics, and digital forensics. This diversity enables the examination of varied evidence types such as digital data, ballistic reports, fibers, and environmental samples, which expands the capability to address and solve complex legal issues beyond purely medical or biological evidence .

The main objectives of medico-legal investigations include aiding in crime discovery and prosecution, protecting innocent individuals, and contributing to public health and civil justice. They help determine causes of death, verify claims in cases of insurance and compensation, and ensure accountability in cases of medical negligence. These investigations protect public health by identifying health hazards from foods and chemicals and provide evidence crucial for civil justice proceedings, ensuring fair compensation and settlement .

Forensic toxicology primarily focuses on the detection of drugs and toxins in bodily fluids and tissues to aid legal investigations, such as determining cause of death in suspicious cases. It supports criminal investigations by establishing substance-related causes or contributions to medical conditions or death. Clinical toxicology, however, is concerned with diagnosing and treating patients who have been exposed to toxins or overdosed on medications. While clinical toxicology is broader and more patient-focused, forensic toxicology is more specialized in contributing evidence for legal inquiries .

The medico-legal sector in Nepal faces challenges such as the lack of clear legal provisions, insufficient hospital facilities, and a general lack of knowledge among stakeholders. These issues could lead to improper handling of forensic evidence, delayed investigations, and potential miscarriages of justice. The absence of basic facilities might compromise the quality of evidence due to inadequate examination and documentation, which in turn impacts the accuracy of crime investigations and the delivery of justice .

The interdisciplinary nature of forensic sciences aids in criminal investigations by combining various scientific disciplines to analyze evidence comprehensively. For instance, forensic pathology provides insights into causes of death, while forensic toxicology examines the presence of toxic substances. Techniques like DNA analysis and fingerprinting are critical for identifying individuals and linking suspects to crime scenes. These disciplines together help reconstruct crime events, strengthen the evidential basis, and ensure robust conclusions in investigations .

Potential solutions to improve forensic investigation infrastructure in Nepal include developing clear legal provisions and frameworks to standardize forensic processes, investing in comprehensive training programs for law enforcement and medical personnel to enhance understanding of forensic science, and equipping hospitals with necessary facilities to conduct thorough medico-legal examinations. Additionally, fostering collaboration between international forensic bodies and local entities might provide the expertise and technology required to upgrade the current systems, along with public awareness campaigns to dispel myths and change public attitudes towards forensic sciences .

Forensic medicine aids in identifying the cause of death by utilizing autopsy or post-mortem examinations which provide insights into the circumstances surrounding an individual's death. Its specific branches include clinical forensic medicine and forensic toxicology, among others. These disciplines involve injury examination, toxicology analysis, and examinations related to conditions such as drunkenness, sexual offences, and torture, all of which contribute valuable information for ascertaining causes of death .

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