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MEDICO LEGAL

Aspect of Identification

OBENIETA | GALAURA
Importance of Identification

1. Prosecution of criminal offense


2. Facilitation of settlement of
estate
3. Retirement
4. Insurance and other social benefits
5. Resolving anxiety of relatives and
friends.
RULES OF IDENTIFICATION
1. The greater the number of points of similarities and dissimilarities of
two persons compared, the greater is the probability for the conclusion to
be the correct. – the “Law of Multiplicity of Evidence in identification”.

2. The value of the different points of identification varies in the


formulation of conclusion.
– Positive: fingerprints on file is the same with the dead body.
– Corroborative: body marks (moles, scars, complexion, shape of nose,
etc.)
– Fingerprints and Dental Records have greater value compared with
Visual recognition by relatives and friends

3. The longer the interval between death and the examination of the
dead body for identification, the greater is the need for experts in
establishing the identity.
• It is necessary to act in the shortest possible time specially in cases of
mass disaster.
METHODS OF IDENTIFICATION
METHODS OF APPROXIMATING THE HEIGHT OF A PERSON

A. Measure the distance between the tips of the middle


finger of both hands with the arms extended laterally =
height.
B. 2 x length of one arm + 12 inches from the clavicle
and 1.5 inches from the sternum = height.
C. 2 x length from the vertex of the skull to the pubic
symphysis = height. D. Distance between the supra-
sternal notch and the pubic symphysis = 1/3 height.
E. Distance from the base of the skull to the coccyx =
44% of height
F. The length of the forearm measured from the tip of
olecranon process to the tip of the middle finger = 5/19
of height.
G. 8 x length of the head = height
Importance of Tattoo Marks Methods of Removing Tattoos

1. Help in the identification- 1. Surgical Excision


name, language spoken,
date of birth 2. Electrolysis- 5-8 milliamperes

3. application of caustic subtance


2. Memorable events in life

3. Indicates the social stratum

4. Commitment in prison or
membership in gang
Alphonse Bertillion

- French Criminologist
- Father of Anthropometry

Information include in the system:

1. Descriptive Date
2. Body measurements
3. Anthropometrical measurements
Portrait Parle
SCIENTIFIC METHODS OF IDENTIFICATION

A. DNA TESTING
B. Fingerprinting
C. Dental Identification
D. Handwriting
E. Identification of Skeleton
F. Determination of Sex
G. Determination of Age
H. Identification of Blood and Blood Stains
I. Identification of Hair and Fibers
Dactylography - Study of recording fingerprints as a means
of identification.

Dactyloscopy - Art of identification by comparison of


fingerprints.

Poroscopy - Study of pores on the friction ridges on the


skin.
FINGERPRINTING

• Universally used because:


– There are no identical fingerprints.

• The chances of two fingerprints being the same are


calculated to be 1:64 billion.
– Fingerprints are not changeable.

• Fingerprints are formed in the fetus in the 4th month of


pregnancy.

• Fingerprints are an indelible signature which a person


carries from the cradle to the grave.
PRACTICAL USES OF FINGERPRINTS

1. Help establish identity in cases of dead bodies and


unknown or missing persons.

2. Prints recovered from the crime scene associate person


or weapon.

3. Prints on file are useful for comparative purposes and


for the knowledge of previous criminal records.

4. Among illiterates, right thumbprint is recognized as a


substitute for signature on legal documents.
ADVANTAGES OF USING FINGERPRINTS AS A MEANS OF
IDENTIFICATION

1. Not much training is necessary for a person to take,


classify and compare fingerprints.

2. No expensive instrument is required in the operation.

3. The fingerprint itself is easy to classify.

4. Actual prints for comparative purposes are always


available and suspected errors can easily be checked.
DENTAL IDENTIFICATION

The role of the teeth in human identification is important for the


following reasons:

1. The possibility of two persons to have the same dentition is quite


remote.

2. The enamel of the teeth is the hardest substance of the human


body.

3. The more recent the ante-mortem records of the person to be


identified, the more reliable is the comparative or exclusionary
mode of identification that can be done.

PD 1575 - Requires dentists to keep and maintain record of patients


Dental features for Identification

- Oral pathology A. Personal, occupational and cultural traits


- Malposition - Smokers have smoker marks
- Bone pattern - Windpipe musicians have altered position of
their tooth
- Missing
- Poor oral hygiene may indicate low
economic class

B. Age
9 years................. 12 permanent teeth (8 incisors and 4 molars
11 years................20 permanent teeth (8 incisors, 8 premolar and
4 Molars)
13 years................ 28 permanent teeth and no deciduous teeth
8-10 years............. Calcification begin at the 3rd molars
25 years............... root ends of the 3rd molars are completely
classified

C. Sex
presence of BARR Bodies
HANDWRITING

• A person may be identified through his handwriting, hand printing and


hand numbering.

• Proven by:

– Statement of witness who saw the writing made and is able to identify it
as such.

– Opinion of persons who are familiar with the handwriting of the alleged
writer

– Opinion of an expert who compares the questioned writing with that of


the other writings which are admitted or treated to be genuine by the
party against whom the evidence is offered.
IDENTIFICATION OF SKELETON

The following can be determined in the examination of bones:

1. Whether the remains are of human origin or not.

2. Whether the remains belong to a single person or not.

3. Height

4. Sex
MALE FEMALE

• Lighter construction wall less pronounced


• Heavier construction wall more pronounced
• Height lesser and flays off its wall less pronounced
• Height greater and flays off its wall more
• Pubic arc wider and rounder
pronounced
• Diameter of the true pelvis greater
• Pubic arch narrow and less round
• Curve of the iliac crest is of the lower level
• Diameter of the true pelvis less
• Wide greater sciatic notch
• Curve of then iliac crest reaches a higher
• Body of the pubis wider
level
• Iliopectineal line rounded
• Narrow greater sciatic notch
• Obturator foramen triangular
• Body of the pubis narrow
• Sacrum long and wide
• Iliopectineal line sharp
• More curve of shaft
• Obturator foramen egg-shaped
• Predominance of cranial roof over cranial base.
• Sacrum shorter and narrow
Mastoid process smaller
• Less curve of shaft
• Cranium placed horizontally – rests on the occipital
• Mastoid process larger
and maxillary bone
• Forehead less high and more vertical
• Cranium placed horizontally – rests on
• Superciliary ridges sharper
mastoid process
• Styloid process longer and slender
• Forehead higher and more oblique
• Zygomatic arches and frontal sinuses less prominent
• Superciliary ridges less sharp or more
• Lower jaw narrower and lighter and chin not
rounded
projecting
• Styloid process shorter
• Lower jaw narrower and lighter and chin not
• Zygomatic arches and frontal sinuses more
projecting
prominent
• Lower jaw larger and wider
• Face larger in proportion to the cranium
DETERMINATION OF AGE

Importance:

1. As an aid in Identification
2. Determination of Criminal Liability
3. Determination of the right to suffrage
4. Determination whether a person can exercise civil rights
5. Determination of the capacity to contract marriage
6. As a requisite to certain crimes
DETERMINATION OF THE AGE OF THE FETUS

Haase's rule
AGE DETERMINATION DURING INFANCY

Age based on Height and Weight

A. HEIGHT
I. Newborn 50 cm
II. After 6 months 60 cm
III. After 1 year 68 cm
IV. After 4 years double the birth height

B. WEIGHT
I. Newborn 2.5-3 kgs.
II. Child grows 0.5 kg/month
III. At the end of 6 months double the birth weight
IV. At the end of 1 year 3 times the birthweight
Other points:
1. Growth of pubic hair, beard and mustache
- 13 years in female 14 in male
2. Changes in the breast
- 13-14 years old
3. Development of voice
- 16-18 in males
4. Changes in the color of hair, wrinkles
- at 40 years
5. Menstruation
- 12 years old
IDENTIFICATION OF BLOOD AND BLOOD STAINS

Importance:

1. Disputed parentage (Paternal & Maternal)


Either parent can dispute parentage of a child. In most cases, if parentage has not been established
yet, a parent can dispute parentage. For example, a man who wants to dispute that he is the child's
father can ask for a paternity test to find out if he is the child’s biological father. In a same-sex
situation, a woman can dispute a parental relationship with the child if she did not intend to be the
child's other mother.
The laws on parentage are very complicated. If there already is a court order that says, for example,
that someone is the father of the child, and he or the mother wants to ask for genetic (DNA) testing,
it may be too late. Or the law may declare someone the legal father, even if the genetic tests say
that he is not the biological father. In same-sex parenting situations, there are also complications
regarding the intent of the people to become parents, and other issues.

2. Determination of the cause of death


3. Determination of the approximate time the crime was
committed
4. Determination of diseases
PHYSICAL EXAMINATIONS

Solubility Test
- Recent blood shed- soluble with bright red color
- Stain kept in damp places assumes dark red color

Heat Test
- Imparts a muddy precipitate

Luminescence Test

*
- White luminescence
CHEMICAL EXAMINATIONS

Benzidine Test
- positive-blue color

Phenolpthalein Test
- Pink color with hydrogen peroxide

Leucomalachite Green Test


- Bluish green with hydrogen peroxide
MICROSCOPIC EXAMINATION

Takayama's Test
- salmon to dark brown hemochrogenic crystals

Teichmann's blood crystals


- dark rhombic prisms
BIOLOGIC EXAMINATIONS
Precipitin Test
- determines if blood is human origin or not

Blood grouping
- ABO blood grouping
- Rh typing

Identification of hair and fibers

Characteristics of the different kinds of fibers


1. Cotton fibers - flattened twisted edges, insoluble in strong sodium
hydroxide
2. Flax fibers - apex tapering to fine point. produces bluish red color with
potasium iodide
3. Hemp fibers - fibers which show transverse lines and consists of
cellucose, bluish red with phroglucin
4. Wool fibers - do not dissolve in sulfuric acid
5. Smell of singeing on burning
END