legal-med-_-01-dumalos.pdf

SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE  Special crime investigation  Deals with the study of major crimes based on the application of special investigative techniques.  This study concentrates more on physical evidence, its collection, handling, identifi...

SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE  Special crime investigation  Deals with the study of major crimes based on the application of special investigative techniques.  This study concentrates more on physical evidence, its collection, handling, identification, and preservation in coordination with the crime laboratory.  It involves a close relationship between the prober in the field and the crime laboratory technician.  They work together as a team, reacting to and extending one another’s theories and findings both working patiently and thoroughly to solve crime from their investigative discoveries. Special crime investigation is more concerned in? a. Tracing evidence b. Physical evidence c. Testimonial evidence d. Associative evidence  FIVE CARDINAL POINTS  Five cardinal Five wives and 1 husband (5W and 1H) points 1. WHAT offense has been committed? And discover whether that offense has been committed against the law. 2. To discover HOW it is committed. 3. WHO committed and by WHOM it was committed. 4. WHEN it was committed. 5. And under certain circumstances, WHY it was committed. What kind of investigations that official inquiry made by the police on the facts and circumstances surrounding the death of the person which is expected to be criminal or unlawful? a. Homicide Investigation b. Property Crime Investigation c. Murder Investigation d. Crime Against Person Homicide investigatio n  Homicide investigation  Homicide investigation is the official inquiry made by the police on the facts and circumstances surrounding the death of a person which is expected to be unlawful.  3 I’S or 3 TOOLS OF INVESTIGATIO N 1. INFORMATION 2. INTERROGATION / INTERVIEW 3. INSTRUMENTATION  Homicide investigation is best applied to all these kinds of death, except what? a. Natural Death b. Accidental Death c. Intentional Death d. None of the above Mistakes in the homicide investigation 1. The mistakes of the homicide investigator cannot be corrected. 2. The homicide investigator SHOULD NOT CROSS the three bridges which he burns behind him. It is important that COMPETENT PERSONNEL adequately handle the case. Mistakes in the homicide investigation 1. The mistakes of the homicide investigator cannot be corrected. 2. The homicide investigator SHOULD NOT CROSS the three bridges which he burns behind him. It is important that COMPETENT PERSONNEL adequately handle the case.  Presidential Decree 1829 Three bridges Golden Rule burned by of investigator investigation MAC RULE 1. The cadaver has been moved. “Thou shall not touch, move nor alter any 2. The cadaver has been embalmed. thing in the crime scene unless it is properly photographed, measured and 3. The cadaver has been burned or sketched or otherwise preserved as not cremated. to destroy or contaminate the important criminal things” RECA 1. WHAT ARE THE FIVE CARDINAL POINTS? 2. WHAT ARE THE THREE BRIDGES THAT CANNOT BE CROSSED? P 3. WHAT IS THE GOLDEN RULE OF CRIMINAL INVESTIGATION? 4. WHAT ARE THE OTHER TERMS FOR PHYSICAL EVIDENCE? 5. WHAT ARE THE THREE I’S OR THREE TOOLS OF INVESTIGATION What is corpus delicti? a. Body of the victim. b. Body of the crime. BASIC GUIDES FOR THE INVESTIGATOR TO LOOK UPON ARE 1. LEGAL DEFINITION: The fact that the TO ESTABLISH THE FOLLOWING. crime was committed, and someone was responsible of the crime. 1. CORPUS DELICTI Foundation and substance of the 2. MODUS OPERANDI crime. 3. IDENTITY OF THE GUILTY PARTY It refers to the fact of the commission of the crime. ELEMENTS 2. Mode of operation sampl CORPUS DELICTI of THEFT and ROBBERY: 1. That the property was lost by the owner and 2. That it was lost by felonious taking e sampl CORPUS DELICTI of MURDER and HOMICIDE: 1. There is a corpse 2. The death of the victim, caused by the defendant in an unlawful manner. e sampl CORPUS DELICTI of ILLEGAL POSSESSION OF FIREARMS 1. Accused’s lack of license or permit to possess or carry firearm. e sampl CORPUS DELICTI of ILLEGAL POSSESSION OF DANGEROUS DRUGS 1. The illegal drug itself. e sampl CORPUS DELICTI of ARSON 1. Proof of the bare occurrence of the fire and of its having been intentionally caused. e Primary purpose of corpus delicti 1. To make sure that the government has gone through the proper process of collecting enough evidence and has a reasonable doubt that a crime has been committed before connecting the crime to a suspect. 2. The corpus delicti rule protects people against false confessions and allegations made outside the court and protects against wrongful convictions. RECA WHAT ARE THE QUANTUM OF EVIDENCE FOR… P 1. CRIMINAL CASES 2. CIVIL CASES 3. ADMINISTRATIVE CASES Homicide investigation procedures CRIMINAL INVESTIGATION of homicide is a DISCOVERY PROCESS. The investigator seeks to discover and document such facts as: 1. Type of death 2. Identity of the deceased 3. Cause of death and motivation and; 4. Identity of the perpetrator Responsibilities of a homicide investigator 1. When called upon to investigate violent death, he stands on the dead man’s shoes to produce his instincts against those suspects. 2. Enthusiasm and intelligence of the investigator brings in the case marks the difference between a murderer being convicted and set free. 3. If her interprets a criminal death as accidental or natural, a guilty person is set free. 4. Remember that the police is the first line of defense in the effective application of criminal justice. The cadaver is often of prime importance as an investigative factor. The victim’s body can reveal how much through examination of wounds and other types of tracing clues that may be present. ESTABLISHING THE FACTS OF DEATH  it is the first essential step of the homicide investigation.  Stages of death investigatio n1. Examining the scene, 2. Determining the time and cause of death, and 3. Interpreting the evidence Establishing death The first essential step of the homicide investigation is to establish that the victim is indeed dead. Police officers do not have the legal authority to pronounce death, only physicians / medical doctor can establish the fact of death. For this reason, the police officer should never assume death unless the condition of the victim’s body demonstrates death in a totally obvious manner. In order to resolve these fundamental questions, the investigation will focus on the: Cadaver,   Crime scene, and  Post mortem examination … autopsy the first officer has three primary duties Determine if the victim is alive or dead; 1. 2. Apprehend the perpetrator, if possible. Or give the appropriate notification if the perpetrator is escaping; and 3. Safeguard the scene and detain witnesses and suspects. Even though detectives and criminal investigators will conduct the formal investigation, the first officer has the responsibility of initiating the investigation. Considered to be the beginning of any homicide investigation is: a. Process of establishing the accurate cause of death. b. Process of determining who is responsible for the death. c. Process of determining how the victim was killed. d. Process of determining when the victim was killed. Principles in homicide investigation that should be borne in mind are: mistakes of the homicide investigator cannot be corrected and the homicide investigator should not cross the three bridges which he burns behind him. Which is not one of this a. When the dead person has been moved. called “burned bridge”? b. When the dead body has been embalmed. c. When the dead body has been contaminated and the chain of custody was not properly accounted. d. When the body is burned or cremated. Before the dead body is removed from the crime scene, the investigator must be sure that the following hadsketch, 1. Crime scene search, already beentaken. and photograph performed. 2. Possible witnesses are identified, leads taken into considerations, and relative position of the body was determined. 3. Notes are properly taken cared, evidence are identified, collected, and preserved. 4. Close coordination between the medico-legal officer, the prosecutor, and the homicide investigator was established. a. 1 and 4 b. 2 and 3 c. 1, 2, and 3 d. 1, 2, 3, and 4  Which of the following is the primary role of the investigator upon arrival at the crime scene? a. Verification of death b. Identification of the person who is responsible for the death c. Call a physician for the proper declaration of death d. All of the above  What is the first action of an investigator upon arriving at a homicide scene? a. Bring the dying victim at the hospital b. Crime scene search c. Witness interviewing d. Identification of witness Why not A? Why not B? Homicide already took place, dead Crime scene is already cordoned, it already. First responder already did the won’t be gone or accessed by job intruders. While witnesses can flee from it. Crimes against I-P-M-H person  CHAPTER VIII Crimes Against Persons (DESTRUCTION OF LIFE)  Art. 246 Parricide  Art. 247 Death or Physical Injuries Inflicted Under Exceptional Circumstances  Art. 248 Murder  Art. 249 Homicide  Art. 255 Infanticide Art. 246 PARRICIDE 1. That the person is killed. 2. That the deceased is killed by the accused; 3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate ascendant or other descendant, or the legitimate spouse of the accused. Crime against person ART. 246 (Destruction of life) PARRICIDE LEGITIMATE LEGITIMATE OR ILLEGITIMATE Key element: Father Direct ascendants Blood relations Mother Direct descendants Child Spouse Adoptee – adopter is only recognized civilly, not biologically. Crime against person (Destruction ART. PARRICIDE 246 of life) LOLA NENA LOLO SITOY SPOUSE PARAMOUR JANE JACK JILL ALICE BEN CHARLIE JACK JR. Art. 247 DEATH or PHYSICAL INJURY UNDER EXCEPTIONAL CIRCUMSTANCES 1. That a legally married person, or a parent, surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act committing sexual intercourse with another person; 2. That he or she kills any or both of them, or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter; 3. That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or she has not consented to the NOTA BENE! (People v. Gonzales, 69 Phil. 66) In one case, it was held that the fact that the wife was rising up and the man was buttoning his drawers does not necessarily follow that a man and woman had committed the carnal act. Art. 248 MURDER 1. That the person was killed; 2. The accused killed that person; 3. That the killing was attended by any of the qualifying circumstances mentioned in Article 248 of the RPC; 4. That the killing was not parricide nor infanticide. Art. 248 MURDER QUALIFYING AGGRAVATING CIRCUMSTANCES: a. Treachery; (alevosia) b. Taking advantage of superior strength; c. With the aid of armed men; d. Employing means to weaken the defense; e. Means or persons to insure or afford impunity Art. 248 MURDER QUALIFYING AGGRAVATING CIRCUMSTANCES: f. In consideration of price, reward, or money; g. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon railroad, fall of an airship; h. By means of motor vehicles; i. Or with the use of any other means involving great waste and ruin Art. 248 MURDER QUALIFYING AGGRAVATING CIRCUMSTANCES: j. In occasion of any calamities | earthquake, volcano eruption, destructive cyclone, epidemic, or any other public calamity. k. With evident premeditation l. Cruelty or Inhumanely Augmenting the Suffering of the Victim m. Scoffing or Outraging at His Person or Corpse NOTA BENE! (US v Campo, 23 Phil 369 ) The circumstances qualifying the killing to murder must be alleged in the information, otherwise the killing may be considered merely as homicide. (RA NO. 9372) Murder is now considered as an act of terrorism. Art. 249 HOMICIDE 1. That a person was killed; 2. That the offender killed him without any justifying circumstances; 3. That the offender had the intention to kill, which is presumed; 4. That the killing was not attended by any QAC of murder, or by that of parricide and infanticide. Art. 249 HOMICIDE JUSTIFYING CIRCUMSTANCES are situations wherein the acts of a person are deemed not punishable because they are in accordance with law or right 1. Self defense 2. Defense of relatives 3. Defense of strangers 4. Defense of property 5. State of necessity 6. Fulfillment of duty or lawful exercise of a right or office 7. Obedience to an order issued for some lawful purpose  A child, who is less than 3 days old was killed by his own mother by means of poison. What is the crime committed. a. Abortion b. Parricide c. Infanticide d. Murder  Formula or Guide I P M H INFANTICIDE PARRICIDE MURDER HOMICIDE  Jack killed ben with intent, WHAT CRIME IS IT? a. Homicide b. Parricide c. Infanticide d. Murder  Ben made jack drunk. When jack was already drunk, ben grabbed his ice pick from his u-box and stabbed jack with it multiple times. What is the crime committed? a. Homicide b. Parricide c. Infanticide d. Murder  Amy killed her 3 day old adopted child. What crime was committed? a. Homicide b. Parricide c. Infanticide d. Murder  Karen was a legitimate daughter of Ben and Amy. She was stabbed to death by her grandfather. What was the crime committed by the latter? a. Homicide b. Parricide c. Infanticide d. Murder  Jack killed his common law wife using a pillow, suffocating her in her sleep. What was the crime committed? a. Homicide b. Parricide c. Infanticide d. Murder  Karen was an illegitimate daughter of Ben and Amy. She was stabbed to death by father. What was the crime committed by the latter? a. Homicide b. Parricide c. Infanticide d. Murder  Ani, spouse of Buboy, conspired with Charlie to kill Buboy. Charlie is stranger in the relationship. Charlie killed Buboy with TREACHERY. What is the crime committed by Buboy? a. Parricide b. No crime was committed c. Murder d. Homicide Benny B. Rotsa got married to Ms. Pining Garcia. After 3 years of wedlock, still not blessed with a child. Benny had an illicit affair with Ms. Malou Wang, their neighbor, who gave birth to a child. Pining learned about Benny’s relationship with Ms. Malou. To cover their illicit relation, Benny intentionally killed his illegitimate infant at its 72 hrs age. FOR WHAT CRIME BENNY CAN BE CHARGED? a. Homicide b. Parricide c. Murder d. Infanticide Benny B. Rotsa got married to Ms. Pining Garcia. After 3 years of wedlock, still not blessed with a child. Benny had an illicit affair with Ms. Malou Wang, their neighbor, who gave birth to a child. Pining learned about Benny’s relationship with Ms. Malou. To cover their illicit relation, Benny intentionally killed his illegitimate infant at its 72 hrs age. WHAT CRIME IF IT IS PINING WHO KILLED THE INFANT? a. Homicide b. Parricide c. Murder d. Infanticide Benny B. Rotsa got married to Ms. Pining Garcia. After 3 years of wedlock, still not blessed with a child. Benny had an illicit affair with Ms. Malou Wang, their neighbor, who gave birth to a child. Pining learned about Benny’s relationship with Ms. Malou. To cover their illicit relation, Benny intentionally killed his illegitimate infant at its 72 hrs age. WHAT IF IT’S BENNY’S FATHER WHO KILLED THE INFANT? a. Homicide b. Parricide c. Murder d. Infanticide  Ani, spouse of Buboy, conspired with Charlie to kill Buboy. Charlie is stranger in the relationship. Charlie killed Buboy with TREACHERY. What is the crime committed by Ani? a. Parricide b. No crime was committed c. Murder d. Homicide  Pinong and Nonong engaged in quarrel and they hacked each other. Pinong survived and Nonong was killed. Thereafter, Pinong dismembered the latter’s body in order to conceal the crime. What is the crime a. committed Parricide by Pinong. b. Scoffing or Outraging c. Murder d. Homicide  It refers to the forcible expulsion of a fetus from a mother’s womb. a. Infanticide b. Abortion c. Parricide d. Murder  A and B are spouses, while working as security guard, A felt sick one night and decided to go home around midnight and saw B having sexual intercourse with a neighbor C, and hacked B to death. As a criminologist-investigator, what crime if any would you charge against A? a. Homicide b. Murder c. Parricide d. None because A is exempted from a criminal liability. Which of the following is not a crime against persons? a. Physical injury b. Abduction c. Mutilation d. Parricide Crimes involving destruction of life, except. a. Mutilation, Serious Physical Injuries, and Rape b. Abortion and infanticide c. Homicide and Murder d. Parricide Intent to kill is presumed if death results from the unjustified act. If death did not result from the act, intent to kill is essential to prove attempted or frustrated homicide, otherwise the crime may be … a. Murder b. Parricide c. Physical Injuries d. None of these