Specialized Crime Investigation (with Legal Medcine) Topic 6 PDF

Specialized Crime Investigation (with Legal Medicine) Topic 6: Poison I. Cerebral Poisons: Alcohol, opium, barbiturates, At the end of the topic, the students will be...

Specialized Crime Investigation (with Legal Medicine) Topic 6: Poison I. Cerebral Poisons: Alcohol, opium, barbiturates, At the end of the topic, the students will be benzodiazepines, etc. able to: II. Spinal Poison: Strychnine. III. Peripheral Poison: Curare. 1. Classify types of poisons based on multiple criteria (B) On the basis of physical state: 2. Identify symptoms and routes of Poisons can be grouped into: poisoning in forensic contexts 1. Solid Poisons: Solid poisons do 3. Distinguish medicolegal classifications not get absorbed easily into the and their implications in toxicology blood. These need to be dissolved properly in liquid to be absorbed. Examples include lead, arsenic, Poison- Poison is a substance which, and mercury. when administered, inhaled, or swallowed by a living organism, causes ill effects on 2. Liquid Poisons: Liquid poisons the body. It is also defined as a medicine in contain both organic and inorganic a toxic dose. A toxic substance may be liquids. Organic liquids are more solid, liquid, gas, or any environmental volatile than inorganic liquids. agent. Liquid poisons can be absorbed when administered orally, by Classification of Poison inhalation, or through the skin. Poisons can be classified into various Organic vapors that are soluble in categories depending upon their: lipids are easily absorbed through the skin, e.g., furfural. a. mode of action, b. physical state, 3. Gaseous Poisons: Gaseous c. medicolegal classification, and poisons are absorbed by inhalation, d. toxico-analytical classification as such as carbon dioxide and carbon follows: monoxide. (A) On the basis of mode of action: (C) Medicolegal classification of poison: Poisons can be categorized into: Based on the intention behind the crime, poisons are classified into: 1. Corrosive Poisons: Corrosive poisons cause inflammation at the 1. Homicidal Poisons: Poisons used site of contact. Both strong acids to kill another person, e.g., aconite, and alkalis come under this abrus precatorius, strychnos nux category. vomica. 2. Irritant Poisons: Irritants are 2. Suicidal Poisons: Poisons used substances that cause irritation, for self-killing, e.g., opium, pain, and excessive vomiting. barbiturates, organophosphorus, organochloro compounds. 3. Neurotic Poisons: Neurotic poisons affect different parts of the 3. Accidental Poisons: Poisons that central nervous system such as cause toxicity by accident or cerebral poisons, spinal poisons, mistaken use, e.g., snake bites, peripheral poisons, etc. These carbon monoxide, and children include: mistaking dhatura seeds for capsicum seeds. LJPB-CDIN2 1  Specialized Crime Investigation (with Legal Medicine) 4. Abortifacient Poisons: Poisons This group includes compounds used to induce abortion, e.g., isolated by solvent extraction quinine (alkaloid), calotropis. methods. Examples include drugs such as opiates, synthetic 5. Stupefying Agent/Poisons: narcotics, sedatives, hypnotics, Poisons used to stupefy or fool a stimulants, antidepressants, person, e.g., dhatura and chloral and pesticides (such as hydrate, often used in robberies or insecticides, fungicides, other crimes. herbicides, rodenticides, 6. Agents used to cause bodily nematocides). Although both injury: Corrosive acids used to pesticides and drugs are cause injury, such as in vitriol organic non-volatile throwing. substances, they can be separated by solvent extraction 7. Cattle Poison: Agents used to kill methods. livestock, e.g., abrus precatorius, III. Metallic poisons: calotropis. Substances in this group are 8. Used for Malingering: Sometimes, isolated by dry ash methods or semicarpus anacardium is used by wet digestion methods. malingerers to escape duties, as it Common metallic poisons produces artificial bruises. include arsenic, lead, and mercury. A. Toxico-analytical Classification IV. Anions: Anions are isolated by dialysis. Poisons can also be classified based The most commonly on the methods used for extraction or encountered anions in analysis into the following categories: poisoning cases include I. Gaseous and volatile bromide, cyanide, fluoride, substances, hypochlorite, nitrate, nitrite, II. Organic non-volatile phosphate, sulfide, and sulfate. substances, Poisoning is injury or death due to III. Metallic poisons, and swallowing, inhaling, touching or IV. Anions. injecting various drugs, chemicals, This classification is known as toxico- venoms or gases. analytical classification. Poisoning symptoms can mimic other I. Gaseous and volatile conditions, such as seizure, alcohol substances: intoxication, stroke and insulin reaction. Poisons that are isolated by Symptoms of poisoning may include: distillation or by headspace Burns or redness around the mouth analysis are categorized in this and lips. group. Volatile substances Breath that smells like chemicals, (such as methanol, ethanol, such as gasoline or paint thinner. benzene, toluene, acetone) can be separated from gaseous Vomiting. poisons (like ethane, butane) Difficulty breathing. because they can be extracted Drowsiness. using alternate methods. Confusion or other altered mental II. Organic non-volatile status. substances: LJPB-CDIN2 2  Specialized Crime Investigation (with Legal Medicine) Topic 7: Injuries and Death due to cause severe damage, and in the extreme of Temperatures worst cases, amputation of the affected body part may be required. At the end of the topic, the students will be III. Hypothermia- Hypothermia occurs able to: when the body temperature drops below normal due to prolonged 1. Classify Types of Thermal Injuries and exposure to cold. The body loses Their Effects on the Body heat faster than it can produce it. 2. Identify and Differentiate Between This condition slows down thinking Degrees of Burns and movements, making it difficult 3. Assess Risks and Symptoms of for the affected individual to realize Temperature-Related Illnesses what is happening. IV. Trench Foot- Also known as "immersion foot," trench foot occurs Thermal Injury - A thermal injury (or when the feet are exposed to a thermal burn) is defined as exposure to a cold, wet environment for too long. source of energy or substance that may Even at temperatures as high as cause damage to the skin or other body 60°F, trench foot can develop if the tissues. It is caused when the human body feet remain wet. is exposed to a high or lower environmental temperature. What Does Exposure to Heat Do to your Body? What Does Exposure to Cold Do to your Body? Temperature extremes directly impact health by compromising the body's ability to Super-cold air, wind, or water can make regulate its internal temperature. Heat- you sick. It’s called cold stress. It can affect related temperature extremes can also you in different ways, depending on climate exacerbate chronic conditions such as conditions, how you’re dressed, medical cardiovascular disease, respiratory conditions you might have, and how long disease, cerebrovascular disease, and you’re out in it. diabetes-related conditions. Common Cold-Related Illnesses: Hyperthermia is an abnormally high body I. Chilblains- Chilblains, also known temperature caused by a failure of the as pernio, occur when small blood heat-regulating mechanisms of the body to vessels in the skin become deal with the heat coming from the inflamed after exposure to cold (but environment. Heat cramps, heat not freezing) temperatures. These exhaustion and heat stroke are commonly clusters of small blood vessels, known forms of hyperthermia called capillary beds, become red, I. Heat Cramps- A mild form of heat itchy, or swollen. Patches usually illness that can occur during or after develop on the fingers, toes, ears, intense exercise in hot conditions. and cheeks, and blisters may also Symptoms: Painful muscle cramps form. and spasms, usually in the legs and II. Frostbite- Frostbite is difficult to abdomen, along with heavy detect because the affected skin sweating and tissue become numb. It most II. Heat exhaustion- A moderate form of commonly affects the fingers, toes, heat illness that can occur when an or parts of the face exposed to cold, individual loses too much water and salt such as the ears, cheeks, chin, or while exerting themselves in the heat. nose. Prolonged exposure can LJPB-CDIN2 3  Specialized Crime Investigation (with Legal Medicine) Symptoms- Dizziness, nausea, Third-degree (full thickness) vomiting, headache burns III. Heatstroke- A life-threatening form of Third-degree burns destroy the heat illness that occurs when the body's epidermis and dermis. Third-degree heat-regulating system becomes burns may also damage the overwhelmed by excessive heat underlying bones, muscles, and exposure. tendons. The burn site appears Symptoms- Confusion, behavior white or charred. There is no changes, slurred speech sensation in the area since the nerve endings are destroyed. Hyperthermia is an abnormally high body temperature caused by a failure of the Burns affecting 10 percent of a child's body heat-regulating mechanisms of the body to and those affecting 15 to 20 percent of an deal with the heat coming from the adult's body are considered to be major environment. injuries and require hospitalization and extensive rehabilitation Burns and scalds Topic 8: Deaths Burns and scalds are damage to the skin caused by heat. At the end of the topic, the students will be able to: A burn is caused by dry heat like an iron or fire. 1. Differentiate Between Somatic, Molecular, and Apparent Death A scald is caused by something wet like hot 2. Analyze the Stages of Post-Mortem water or steam. Changes The longer the burning goes on, the more 3. Examine Various Causes and Methods severe the injury is likely to be. of Death DEATHS What Are the Classifications of Burns? Death is the termination of life. It is Burns are classified as first-, second-, or the complete cessation of all the vital third-degree, depending on how deep and functions without possibility of severe they penetrate the skin's surface. resuscitation. It is an irreversible loss of the First-degree (superficial) burns properties of living matter. Dying is a First-degree burns affect only the continuing process while death is an event epidermis, or outer layer of skin. that takes place at a precise time. The The burn site is red, painful, dry, ascertainment of death is a clinical and not and with no blisters. Mild sunburn is a legal problem. an example. Long-term tissue In human being, the signs of life damage is rare and usually consists include the locomotion, respiration, of an increase or decrease in the circulation, brain activity and the presence skin color. of senses. The ascertainment of death is Second-degree - (partial clinical and not a legal problem. thickness) burns In medico-legal death, it refers to Second-degree burns involve the the death which involves in crime or epidermis and part of the dermis medico-legal cases to prove or disprove layer of skin. The burn site appears that a foul play had been done. red, blistered, and may be swollen Importance of Death Determination: and painful. LJPB-CDIN2 4  Specialized Crime Investigation (with Legal Medicine) 1. The civil personality of a natural as molecular or cellular death. Its exact person is extinguished by death: occurrence cannot be definitely ascertained because its time of The civil personality is extinguished appearance is influenced by several by death. The effect of death upon the factors. Previous state of health, rights and obligations of the deceased infection, climatic condition, cellular is determined by law, by contract and nutrition, etc. influence its occurrence. by will (Art. 42, Civil Code). 3. Apparent Death or “State of Suspended Animation” 2. The property of a person is This condition is not really death but transmitted to his heirs at the time of merely a transient loss of death: consciousness or temporary cessation of the vital functions of the body on Succession is a mode of acquisition account of disease, external stimulus or by virtue of which the property, rights and other forms of influence. It may arise obligations to the extent of the value of the especially in hysteria, uremia, inheritance of a person are transmitted catalepsy and electric shock. through his death to another or others Involuntary suspension is shown in still- either by will or by operation of law (Art. birth. A newly born child may remain at 774, Civil Code). the state of suspended animation and may die unless prompt action is taken. 3. The criminal liability of a person is A person who has been rescued from extinguished by death: drowning may appear dead but life is maintained after continuous Criminal liability is totally extinguished: resuscitation. By death of the convict, as to the personal 4 Post-mortem Stages of Death penalties; and as to pecuniary penalties, liability therefore is extinguished only when After death, the body undergoes a series of the death of the offender occurs before changes that occur in a timely and orderly judgment. (Art. 89, Revised Penal Code). manner. These stages are also affected by the extrinsic and intrinsic factors of the KINDS OF DEATH corpse. 1. Somatic or Clinical Death By determining the stage and state of This is the state of the body in which decomposition of the body, the pathologist there is complete, persistent and can estimate the time frame in which death continuous cessation of the vital occurred, which is essential in medico-legal functions of the brain, heart and lungs investigations. Since there is no fixed which maintain life and health. It occurs duration for these stages, it is impossible to the moment a physician or the other determine the exact time of death unless members of the family declare a person there is a witness or some other verifiable has expired, and some of the early source of this information. signs of death are present. It is hardly The time difference between the time of possible to determine the exact time of death and the body examination is known death. as the Post Mortem Interval (PMI). The 2. Molecular or Cellular Death longer the PMI, the larger the time of death After cessation of the vital functions of window will become, and the harder it will the body there is still an animal life be to determine an accurate time of death. among individual cells. This is evidence by the presence of excitability of There are 4 stages that the body moves muscles and ciliary movements and through after death: pallor mortis, algor other functions of individual cells. mortis, rigor mortis, and livor mortis. About three to six hours later, there is death of individual cells. This is known Pallor Mortis LJPB-CDIN2 5  Specialized Crime Investigation (with Legal Medicine) The first change that occurs in a corpse is site of death, if the person died in a the increased paleness in the face and particular position, etc. Expressions also other parts. This is due to the cessation of freeze on the face of a victim, which helps blood circulation. in giving further insight into the nature of their death. The capillaries below our skin give us the lively glow of being alive. We don’t realize The process of rigor mortis starts within 2 it unless we blush, but when blood stops hours of death and usually peaks at circulating to the extremities like the skin, around 12 hours. On average, rigor mortis the skin looks pale, like a zombie! lasts for 24 to 48 hours. This is affected by factors like ambient temperature. Rigor This is the first sign and occurs rapidly, mortis ends due to the decomposition of within 15-30 minutes of death. Due to the muscles and the body, a process called this, it is usually insignificant in determining secondary flaccidity. the time of death unless, of course, death has occurred shortly before the finding of Cadaveric Spasm or the body. Studies have also proven that Instantaneous Rigor: This is the paleness is unaffected by gender instantaneous rigidity of the differences in bodies. muscles which occurs at the moment of death due to extreme Algor Mortis nervous tension, exhaustion and the gradual cooling of the body after death, injury to the nervous system or or the change in body temperature after injury to the chest. It is principally someone has died. due to the fact that the last voluntary contraction of muscle Algor mortis has been used as a tool to during life does not stop after death estimate the postmortem interval between but is continuous with the act of death and the discovery of an individual cadaveric rigidity who has died. Livor Mortis It begins about 30 minutes after death and can continue for up to 48 hours. It's This is the final stage of death. usually complete within 18–20 hours, When the heart stops beating, the blood is unless the body is in an extreme now at the mercy of gravity. It tends to environment. collect at certain parts of the body. Rigor Mortis Depending on the position of the body, these parts would vary. For instance, if the Immediately after death, a corpse will go person were flat on their back when they flaccid. All the muscles will become relaxed died, the blood would collect in the parts and limp, but the whole body will stiffen that are touching the ground. If the person after a few hours. The muscles will now were hanging, it would collect in their contract and become rigid; a stage called fingertips, toes, and earlobes. Rigor Mortis. Lividity starts with the skin where the blood Rigor mortis is one of the most useful has settled, developing a bright red color. It methods of determining the time of death begins to be apparent about an hour after since its progression is mostly predictable. death, is well-formed in about 3 to 4 hours It can also give forensic investigators after death, and gets fixed in about 6 to 8 crucial clues about a crime. Based on the hours after death body’s position in rigor, certain other Kinds of Post-mortem (Cadaveric) deductions can be made, such as whether Lividity: the site where the body was found is the LJPB-CDIN2 6  Specialized Crime Investigation (with Legal Medicine) Hypostatic Lividity: The blood merely paralysis or asphyxia; and due to gravitates into the most dependent portions prolong and violent convulsion. of the body but still inside the blood vessels 2. Death by Hanging - The convict is and still fluid in form. Any change of made to stand in an elevated position of the body leads to the formation collapsible platform with a black hood of the lividity in another place. This occurs on the head, a noose made of rope during the early stage of its formation. around the neck and the other end of which is fixed in an elevated structure Diffusion Lividity: This appears during the above the head. Without the knowledge later stage of its formation of the convict, the platform suddenly when the blood has coagulated inside the collapses which causes the sudden blood vessels or has diffused into the suspension of the body and tightening tissues of the body. Any change of position of the noose around the neck. Death will not change the location of the lividity. may be due to asphyxia or injury of the cervical portion of the spinal cord. 3. Death by Musketry - The convict is Importance of Cadaveric Lividity: made to face a firing squad and is put to death by a volley of fire. The convict 1. It is one of the signs of death. may be facing or with his back towards 2. It may determine whether the position the firing squad. This method of of the body has been changed after its execution of death penalty is applied to appearance in the body. military personnel and decided by the 3. The color of the lividity may indicate the court marshals. Death by musketry is cause of death. considered less heinous than death by hanging. Example: 4. Death by Gas Chamber - The convict a. In asphyxia, the lividity is dark. is enclosed in a compartment and an b. In carbon monoxide poisoning, the obnoxious or asphyxiating gas is lividity is bright is pink. introduced. The most common gas Hemorrhage, anemia — less used is carbon monoxide. The convict marked. will not be removed from the gas Hydrocyanic acid — bright red. chamber unless he is pronounced dead Phosphorus — dark brown. by the penitentiary physician. Potassium chlorate, Potassium 5. Death by Lethal Injection – a lethal bichromate — chocolate or coffee drug is injected to the convicted person brown. intravenously. c. If the body is found for considerable 6. Euthanasia- or "mercy killing" is the time in snow or ice the lividity is bright deliberate and painless acceleration of red. death of a person usually suffering from an incurable and distressing disease. It is a willful acceleration of death of a Special Deaths person in order to lessen his sufferings. In some countries, mercy killing is 1. Death by Electrocution - A person is against the law for reason that made to sit on a chair made of electrical everyone has the right to live. conducting materials with straps of 7. Suicide- or self-destruction is usually electrodes on both wrists, ankles, and the unfortunate consequence of mental head. An alternating current voltage of illness and social disorganization. The more than 1,500 volts is put on until the law does not punish the person convict dies. Death may be due to committing suicide because society shock; respiratory failure due to bulbar LJPB-CDIN2 7  Specialized Crime Investigation (with Legal Medicine) has always considered a person who upon the will of the diseased or religion attempts to kill himself as an practiced. unfortunate being, a wretched person 5. Use of the Dead Body for Scientific deserving more of pity than of penalty. Purposes – the body of any deceased 8. Death from Starvation- Starvation or person which is to be buried at public inanition is the deprivation of a regular expense and which is unclaimed by the and constant supply of food and water relatives or friends for a period of which is necessary to normal health of 24hours after death shall be subject to a person. disposition of the Director of Health. 9. Death by Asphyxia- Asphyxia is the May be devoted to the purpose of general term applied to all forms of medical science and to the violent death which results primarily advancement and promotion of from the interference with the process knowledge. of respiration or the condition in which 6. Exhumation – the raising and the supply of oxygen to the blood or to disinterring of the dead body or remains the tissues or both has been reduced from the grave. Exhumation may be below normal level. made in order to afford an opportunity Classifications of Asphyxia: for a post-mortem examination to Hanging establish the circumstances of death. Strangulations The deceased buried may be raised or Suffocation disinterred upon the lawful order of the Asphyxia by submersion or proper authorities. The order may come drowning. from the provincial or city fiscals, from the Asphyxia by pressure on the court, and from any entity vested with chest (Traumatic crush authority to investigate. asphyxia). Asphyxia by irrespirable gases. Topic 9: Medico-Legal Aspects of Physical Injuries Methods of Disposal of the Dead Body At the end of the topic, the students will be 1. Embalming – it is the method of able to: preserving the dead body for the removal of the body fluid and 1. Classify Types of Physical Injuries replacement of the same by chemicals 2. Differentiate Legal Classifications of such as formalin, alcohol and phenol. Physical Injuries 2. Burial, Interment or Inhumation – it is An injury is the impairment of the the method of placing the dead body body function that could arise from any into the grave. cause including pure accident. In addition, 3. Cremation - the pulverization of the vital reaction is the sum total of all body into ashes by the application of reactions of tissues or organs to physical heat. The body must first be identified injury or trauma. before cremation, and no cremation must be made unless there is a permit Classification of Physical Injuries to do so. Cremation must be made in a crematory made for the purpose. 1. Physical Injury – use of physical 4. Disposal of the Dead Body to the Sea force – dead person who have died aboard a 2. Thermal Injury - caused by heat or sea vessel may be thrown overboard cold usually after a brief ceremony. 3. Electrical Injury – death caused by However, those who died on land may electrical energy also be permitted to the sea depending LJPB-CDIN2 8  Specialized Crime Investigation (with Legal Medicine) 4. Atmospheric Injury – death or analyze the implications of Republic Act injury caused by changed in 8353 in defining and classifying rape as atmospheric pressure a crime against persons. 5. Chemical Injury – death or injury 2. Classify Types of Sexual Crimes caused by chemicals 3. Evaluate Sexual Deviations and Their 6. Radiation – death or injury caused Implications by radioactive substances Legal Classification of Physical Injuries VIRGINITY AND DEFLORATION 1. Mutilation – the intuitional act of Virginity is a condition of a female cutting or looping any parts of the who has not experienced sexual living body. intercourse and whose genital organs have 2. Slight Physical Injury – it is the not been altered by carnal connection. physical injury wherein the victim is incapacitated for work or requires A woman is a "virtuous female" if medical attendance for a period of her body is pure and if she has never had one to nine days. any sexual intercourse with another, 3. Less Serious Physical Injuries – though her mind and heart is impure a physical injury wherein the (Thomas v. State, 19 Ga. App. 104, 91 S.E. offended party is incapacitated for 247, 250). work or require medical attendance for 10 days or more but not more A. Sexual Crime is a sexual act about than 30 days. sex 4. Serious Physical Injury – it is the ▪ Sexual Harassment is a sexual injury wherein the victim becomes ill act committed by any person by or incapacitated for the uttering obscene languages performance of his usual work for which imitates the victim as well than 90 days, the injury caused as the unconventional sexual deformity, loss of any member of his acts which are not in conformity body and loss the use thereof. with the moral standard of the a. Deformity – permanent community. disfigurement of the body ▪ Sexual Assault is a genderless producing ugliness. e.g loss crime which involves the of an ear, scars in the face unconventional sexual acts of b. Incapacity – the inability of violence and aggression the injured person to committed on the genital, oral or perform his work where he anal orifices of another person. is habitually engaged. Kinds of Virginity 1. Moral Virginity – a state wherein the female is not physically and Topic 10: Medico-Legal Aspects of Sex sexually matured and has not Crimes experienced sexual intercourse. At the end of the topic, the students will be The sex organs and secondary sex able to: characteristics are not fully developed. This applies children 1. explain the concepts of virginity and below the age of puberty. defloration, differentiating between 2. Physical Virginity - A condition moral, physical, and demi-virginity, and whereby a woman is conscious of LJPB-CDIN2 9  Specialized Crime Investigation (with Legal Medicine) the nature of the sexual life but has a. Through force, threat or not experienced sexual intimidation intercourse. The term applies to b. When the offended party is women who have reached sexual deprived of reason or otherwise maturity but have not experienced unconscious sexual intercourse. c. By means of fraudulent 3. Demi-Virginity - This term refers machination or grave abuse of to a condition of a woman who authority permits any form of sexual liberties d. When the offended party is as long as they abstain from under twelve years of age or is rupturing the hymen by sexual act. demented even though none of 4. “Virgo Intacta” - Literally the term the circumstances mentioned refers to a truly virgin woman; that above be present. there are no structural changes in 2. By any person who under any of the her organ to infer previous sexual circumstances mentioned in paragraph intercourse and that she is a 1 hereof shall commit an act of sexual virtuous woman. assault. By inserting his penis into another person’s mouth or anal orifice Defloration is the laceration or or any instrument or object into the rupture of the hymen as a result of sexual genital or anal orifice of another person. intercourse. All lacerations or rupture of the hymen by any other means from sexual Carnal Knowledge – is a sexual act intercourse is not called defloration. involving bodily connection done by the penetration of the male sex organ into that Republic Act 8353 of a female sex organ. It is interchangeably An act expanding the definition of the used with sexual intercourse or coitus. crime of rape and reclassifying the same as Sexual Deviations – the unnatural sexual a crime against persons amending for the offenses and abnormalities. Some factors purpose of Act No. 3815 as amended which may be responsible for abnormal otherwise known as the Revised Penal sexual behaviors are: environment, Code and for other purposes. educational attainment, mental conditions, Section 1 – This act shall be known as the habits and customs. Anti-Rape Law of 1997 As to the Choice of Sexual Partner: Section 2 – Rape as a crime against 1. Heterosexual — Sexual desire person towards the opposite sex. This is a The crime of rape shall normal sexual behavior, socially and hereafter be classified as a crime medically acceptable. against person under the Title 8 of Act 2. Homosexual — Sexual desire towards No. 3815 as amended otherwise the same sex. known as the Revised Penal Code. 3. Infantosexual — Sexual desire towards an immature person. Chapter 3-Rape (Pedophile; Conditioning Modeling; Article 266-A Rape when and how Blockage; Disinhibition) committed: 4. Bestiality (Zoophilia) — Sexual gratification is attained by having 1. By a man who shall have carnal sexual intercourse with animals. knowledge of a woman under any of 5. Autosexual (Self-gratification or the following circumstances: masturbation) — It is a form of "self- LJPB-CDIN2 10  Specialized Crime Investigation (with Legal Medicine) abuse" or "solitary vice" carried without b. Cunnilingus — Sexual gratification the cooperation of another person. is attained by licking or sucking the 6. Gerontophilia — Sexual desire with external female genitalia. elder person. c. Anilism (anilingus) — A form of 7. Necrophilia — A sexual perversion sexual perversion wherein a person characterized by erotic desire or actual derives excitement by licking the sexual intercourse with a corpse. anus of another person of either 8. Incest — Sexual relations between sex. persons who, by reason of blood 2. Sado-masochism (Algolagnia) — Pain relationship cannot legally marry. or cruel act as a factor for gratification. 3. Fetishism — A form of sexual As to Instinctual Strength of Sexual perversion wherein the real or fantasied Urge: presence of an object or bodily part is 1. Over Sex: necessary for sexual stimulation and/or a. Satyriasis — Excessive sexual gratification. desire of men to intercourse. b. Nymphomania — Strong sexual feeling of women. They are As to the Part of the Body: commonly called "hot" or "fighter". 1. Sodomy — Sexual act through the Both satyriasis and nymphomania anus of another human being. are general expression of 2. Uranism — Sexual gratification compulsive neurosis. attained by fingering, fondling with the 2. Under-sex (Sexual frigidity): breast, licking parts of the body, etc. a. Sexual anesthesia — Absence of 3. Frottage — A form of sexual sexual desire or arousal during gratification characterized by the sexual act in women. compulsive desire of a person to rub his b. Dyspareunia — Painful sexual act sex organ against some parts of the in women. body of another. They generally c. Vaginismus — Painful spasm of achieve their erotic gratification by the vagina during sexual act. rubbing or pressing their organs d. Old age — Weakening of sexual against the buttocks of women in feeling in the elderly. There may be crowded subways, buses, theaters, or the desire but there is difficulty of streetcars. The frotteur often pretends accomplishment. It may be that the rubbing is accidental. accompanied by aberrant behavior, 4. Partialism — A form of sexual like exhibitionism, incest, or homosexuality. deviation wherein a person has special affinity to certain parts of the female As to Mode of Sexual Expression or Way body. Sexual libido may develop in the of Sexual Satisfaction: breast, buttock, foot, legs, etc. of women. Usually, sexual intercourse is 1. Oralism — The use of the mouth as a merely secondary to satisfy the sexual way of sexual gratification. desire. a. Fellatio (Irrumation) — The female agent receives the penis of As to Visual Stimulus: a man into her mouth and by friction 1. Voyeurism — A form of sexual with the lips and tongue coupled perversion characterized by a with the act of sucking initiates compulsion to peep to see persons orgasm. undress or perform other personal activities. The offender is sometimes LJPB-CDIN2 11  Specialized Crime Investigation (with Legal Medicine) called "Peeping Tom". Usually after peeping, he masturbate in excess. 2. Mixoscopia (Scoptophilia) — A Topic 11: Crimes Against Persons perversion wherein sexual pleasure is At the end of the topic, the students will be attained by watching couple undress or able to: during their sex intimacies. As to Number: 1. Differentiate Between Types of Homicidal Crimes 1. Troilism (Menage a trois') — A form of 2. Analyze Legal Provisions on Abortion sexual perversion in which three 3. Evaluate Evidence in Infanticide Cases persons are participating in the sexual orgies. The combination may consist of Parricide two men and a woman or two women and a man. The usual activity may be Parricide. – Any person who shall kill his fellatio, kissing the buttock, sucking the father, mother, or child, whether legitimate breast, a "suixante-neuf" (sixty-nine) or illegitimate, or any of his ascendants, or arrangement, or coitus combined with descendants, or his spouse, shall be guilty other sexual practices. Sexual of parricide and shall be punished by the gratification is attained in the "eternal penalty of reclusion perpetua to death. triangle". Elements: 2. Pluralism — A form of sexual deviation in which a group of people participate in 1. Person is killed; the sexual orgies. Two or more couples 2. Deceased is killed by the accused; may perform sexual act in a room and 3. Deceased is the accused's they may even agree to exchange legitimate/illegitimate father partners for "variety sake" during the legitimate/illegitimate mother "sexual festival". legitimate/illegitimate child (should not be less than 3 days Other Sexual Deviates: old, otherwise crime is 1. Coprolalia — A form of sexual infanticide) deviation characterized by the need to other legitimate ascendant use obscene language to obtain sexual other legitimate descendant gratification. Sometimes they go legitimate spouse beyond uttering profane words by making some writings and sketches on Murder the walls of toilets. Murder. - Any person who, not falling within 2. Don Juanism — The term applied by the provisions of Parricide shall kill another, psychiatrists to describe a form of shall be guilty of murder and shall be sexual deviation characterized by punished by reclusion temporal in its promiscuity and making seduction of maximum period to death, if committed with many women as a part of his. career. any of the following attendant The pervert cannot find anyone to be a circumstances: permanent companion. 3. Indecent exposure (Exhibitionism) — 1. With treachery, taking advantage of This is the willful exposure in public superior strength, with the aid of armed places of one's genital organ in the men, or employing means to weaken presence of other persons, usually of the defense or of means or persons to the opposite sex. Usually, the insure or afford impunity. exhibitionist is naked. 2. In consideration of a price, reward, or promise. LJPB-CDIN2 12  Specialized Crime Investigation (with Legal Medicine) 3. By means of inundation, fire, poison, by any other person, the penalty is the explosion, shipwreck, stranding of a same as that of murder. vessel, derailment or assault upon a Lenient penalty is to be imposed street car or locomotive, fall of an when the killing was done by the mother or airship, by means of motor vehicles, or by the maternal grandparents, or either of with the use of any other means them for the purpose of concealing her involving great waste and ruin. dishonor. 4. On occasion of any of the calamities Types of Evidence in Infanticide: enumerated in the preceding In cases of alleged infanticide, the paragraph, or of an earthquake, prosecution must show the following eruption of a volcano, destructive proofs: cyclone, epidemic or other public 1. That the child was born alive. calamity. 2. That the child was deliberately killed. 5. With evident premeditation. 3. That the child killed was less than three 6. With cruelty, by deliberately and days old. inhumanly augmenting the suffering of the victim, or outraging or scoffing at his Abortion person or corpse. Abortion is when a pregnancy is ended so that it doesn't result in the birth of a child. Homicide Sometimes it is called 'termination of Homicide. - Any person who, not falling pregnancy'. within the provisions of Parricide, shall kill another without the attendance of any of There are two main types of abortion the circumstances enumerated in the next procedures: the abortion pill and in-clinic preceding article, shall be deemed guilty of abortion. homicide and be punished by reclusion A medication abortion, commonly known temporal. as the abortion pill, involves taking two medications, mifepristone and misoprostol, Infanticide to terminate a pregnancy. This method Infanticide is the killing of a child less than induces cramping and bleeding, similar to three days old. a heavy and crampy period, resembling an Art. 255, Revised Penal Code, early miscarriage. Infanticide: The penalty provided for The abortion pill is generally an parricide in article 246 and for murder in option within the first 11 weeks after the last article 248 shall be imposed upon any menstrual period. If the pregnancy is person who shall kill any beyond this timeframe, an in-clinic abortion child less than three days of age. may be necessary. Medical professionals If the crime penalized in this article provide specific instructions on how to take be committed by the mother of the child for the medication, along with antibiotics to the purpose of concealing her dishonor, prevent infection. she shall suffer the penalty of prision In-clinic abortion, or surgical abortion, is correccional in its medium and maximum a medical procedure that uses suction to periods, and if said crime be committed for clear the uterus. The availability of this the same purpose by the maternal option is influenced by state laws and the grandparents or either of them, the penalty specific healthcare provider or clinic. After shall be prision mayor. 12 weeks of pregnancy, it may be more If the killing was done by the challenging to find a provider, so seeking parents, grandparents or other direct care early is recommended. ascendants, or either of them, the penalty Provisions of the Revised Penal Code to be imposed is the same as that of on Abortion: parricide. However, if the killing was done LJPB-CDIN2 13  Specialized Crime Investigation (with Legal Medicine) 1. Intentional Abortion: Elements a. That the woman is pregnant. Topic 12: Affidavit b. That violence was applied, or At the end of the topic, the students will be drug was administered, or a able to: person acts upon such pregnant woman. 1. Differentiate Types of Affidavits c. That the effect of such violence, 2. Evaluate the Role of Affidavits in Legal drug or acts of the offender, the Proceedings fetus dies or is expelled. 3. Analyze Differences Between d. That the offender has the Depositions and Affidavits intention to abort the pregnant woman. In conducting a proper and thorough 2. Unintentional Abortion investigation at a crime scene, it is Elements essential for the investigator to possess a. The woman must be pregnant; sufficient knowledge to perform their duties b. Violence was applied on such effectively. The investigator must be able to pregnant woman without the achieve the desired outcomes for their intention of aborting her; case and should exert considerable effort c. The woman aborted as a result to ensure that a case is filed in court of the violence. promptly. To assist in the investigation, 3. Abortion practiced by the woman various legal forms provide relevant data herself or by her parents necessary for case filing. Elements a. The woman is pregnant. What is Affidavit? b. Abortion is intended to be An affidavit is a sworn statement committed. that is documented in writing. When an c. Abortion is induced by: individual uses an affidavit, they are I. The pregnant woman asserting that the information contained herself. within the document is true and correct to II. Other persons with the the best of their knowledge. Similar to consent of the pregnant taking an oath in court, an affidavit is only woman herself. considered valid if it is made voluntarily and III. The parents of the without any coercion. woman, or either of them for the purpose of Complaint Affidavit concealing her dishonor The affidavit of complaint is a statement and with the consent of alleging that a person has committed an the woman herself. offense. 4. Abortion practiced by a physician or Affidavit of Arrest midwife and dispensing of abortives An affidavit of arrest is generally filled out Elements: by the arresting officer and states the facts a. The woman is pregnant. and circumstances surrounding an arrest. b. The physician induced or The affidavit may state such facts as the assisted in causing the abortion information which led to the arrest and the with the use of scientific observations made before and after the knowledge. arrest occurred. c. The acts done by the physician Affidavit of Witness/es or midwife was intended to These affidavits shall serve as direct cause an abortion. testimonies of the accused and his LJPB-CDIN2 14  Specialized Crime Investigation (with Legal Medicine) witnesses when they appear before the lawyer can challenge or clarify the court to testify. It is a statement, given deponent's statements in real time. under oath and subject to strict penalties if Affidavit: proven to be fictitious. The statement is the firsthand accounts, usually in the proper An affidavit is a written, sworn sequence of events, which can be entered statement made voluntarily by an in court records as testimonial evidence. individual (known as the affiant). Affidavit of Admission- An affidavit of It is often used to present facts in confession is a legal document in which an legal proceedings without requiring individual voluntarily admits to a certain fact the individual to appear in court. or acknowledges a particular debt without Affidavits are typically signed in the the need for litigation or formal court presence of a notary or another proceedings. authorized official, who verifies the identity of the affiant and ensures Affidavit of Confession- An affidavit of the statement is made under oath. confession is a written declaration where There is no opportunity for cross- an individual admits guilt for a specific act examination or follow-up or offense. It carries legal weight and can questioning, as the affidavit is a be used in legal proceedings to establish static, written document. facts, gather evidence, or negotiate settlements Recantation Recantation, as applied within the scope of the law of perjury, is the renun- ciation or withdrawal of a prior statement made before a tribunal. Deposition vs Affidavit A deposition and an affidavit are both legal statements, but they differ in several ways: Deposition: A deposition is an oral testimony given under oath, usually outside of court but in the presence of attorneys from both parties. It typically occurs during the discovery phase of a legal case, allowing attorneys to gather evidence before trial. The person giving the deposition, called the deponent, answers questions posed by lawyers, and the testimony is transcribed by a court reporter. Depositions allow for cross- examination, meaning the opposing LJPB-CDIN2 15