Module 3 – Forensic Medicine
SPECIAL DEATHS
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JUDICIAL DEATHS
Modern methods in the execution of death sentences have abandoned inhuman, cruel, and barbarous means. Executions by garroting, decapitation by means of the guillotine, and by drowning which were common during the medieval days are no longer practiced. The statutes of all countries state the legal procedure for the execution of death penalties.
The constitution, like that of the Philippines, imposes certain limitations to the law-making body as to the method to be established. Art. Ill, Sec. 19, Par. 1, of the Philippine Constitution provides that “cruel and unusual punishment shall not be inflicted.” This was substantiated by RA 7659 which allows the use of lethal injection (RA 8177) but repealed by RA 9346.
The Philippine constitution prohibits punishment that is not only cruel but also unusual or vice versa. Banishment may be unusual, but not cruel and therefore valid. The death penalty is not cruel and unusual whether it be by hanging, shooting, or electrocution (Legarda v. Valdez, 1 Phil 146).
Punishments are cruel when they involved torture or a lingering death, but the punishment of death is not cruel because it is not barbarous and inhuman. The purpose of the guaranty of the constitution is to eliminate many inhuman and uncivilized punishments that are formerly known for the infliction of which tends to barbarize present civilization.
WHAT ARE JUDICIAL DEATH
Legal death pertains to the statutes prescribing the legal procedures for the execution of the death penalty.
DEATH BY ELECTROCUTION
A person is made to sit on a chair made of electrically conducting materials with straps of electrodes on both wrists, ankles, and head. An alternating current voltage of more than 1,500 volts is put on until the convict dies.
DEATH BY HANGING
The convict is made to stand in an elevated collapsible platform with a black hood on the head, (In some middle eastern country hood is not used like what is illustrated below) a noose made of rope around the neck, and the other end of which is fixed in an elevated structure above the head.
Without the knowledge of the convict, the platform suddenly collapses, which causes the sudden suspension of the body and tightening of the noose around the neck. Death may be due to asphyxia or injury of the cervical portion of the spinal cord.
DEATH BY MUSKETRY
The convict stands facing a firing squad and is put to death by a volley of fire. The convict may be facing or with his back towards the firing squad or an executioner.
DEATH BY GAS CHAMBER
The convict is enclosed in a compartment and an obnoxious or asphyxiating gas is introduced. The most common gas used is carbon monoxide. The convict will not be removed from the gas chamber unless he is pronounced dead by the penitentiary physician.
LETHAL INJECTION
Lethal injection is the practice of injecting one or more drugs into a person for the express purpose of causing rapid death. The main application of this procedure is capital punishment, but the term may also be applied in a broader sense to include euthanasia and other forms of suicide.
Other Methods of Capital Punishment:
[1] Beheading — The most common way of beheading is with the use of the guillotine. The device is something like a file-driver with a heavy ax to sever the head. The descent of the blade strikes the neck from behind and the head falls into a basket.
[2] Crucifixion — Nailing the person on a cross and death develops by traumatic asphyxia.
[3] Beating — A hard object is forcibly applied to the head to crush the skull.
[4] Cutting asunder — Mutilating the body, usually with a sharp, heavy instrument until death ensues.
[5] Precipitation from a height.
[6]Destruction by a wild beast.
[7] Flaying — skinning alive.
[8] Impaling.
[9] Stoning.
[10] Strangling.
[11] Smothering.
[12] Drowning.
EUTHANASIA
Euthanasia or “mercy killing” is the deliberate and painless acceleration of death of a person usually suffering from an incurable and distressing disease.
It is universally condemned, but some advocate its legalization based on humanitarian sentiments. In the Philippines, there is no law dealing specifically with the matter, but the general sentiment is that it is contrary to the principle that “no person has the right to end his own life, much less can he delegate such right to another.” Medical ethics states that the duty of a physician is to save a life, not to end it.
Other Explanations on Euthanasia
Philosophically — It is the proper function of society to safeguard man’s right to die when he chooses to, provided it will not prejudice the rights of others.
Churches — All churches are against euthanasia because an individual does not have full dominion over his life to the extent of determining whether or not he will continue to live. Only God who created mankind has the sole right to extinguish it.
Medicine — There is no sense in performing euthanasia inasmuch as there is no physical pain so severe that modern medication available today cannot substantially provide relief. The physician may be mistaken in the diagnosis of impending death. Recovery, of the kind, bordering closely on a miracle, may occur. There is a belief in the saying, “While there is life, there is hope.”
Sociologically — The practice of euthanasia is an endorsement or toleration of society to suicide and general approval of crime committed for a benevolent motive.
Types of Euthanasia:
(1) Active Euthanasia — Intentional or deliberate application of the means to shorten the life of a person. It may be done with or without the consent or knowledge of the person. Active euthanasia on demand is the putting to death of a person in compliance with the wishes of the person (patient) to shorten his sufferings.
(2) Passive Euthanasia — There is an absence of the application of the means to accelerate death, but the natural course of the disease is allowed to have its way to extinguish the life of a person. Consequently, the concept of orthothanasia and dysthanasia was adopted.
(a) Orthothanasia — When an incurably ill person is allowed to die a natural death without the application of any operation or treatment procedure.
(b) Dysthanasia — When there is an attempt to extend the life span of a person by the use of extraordinary treatments without which the patient would have died earlier. Note: Dysthanasia does not comply with the definition of euthanasia.
Ways of the Performing Euthanasia:
(1) Administration of a lethal dose of poison.
(2) Overdosage of sedatives, hypnotics, or other pain-relieving drugs.
(3) Injection of air into the bloodstream.
(4) Application of strong electric currents.
(5) Failure to institute the necessary management procedure which is essential to preserve the life of the patient.
● Failure to perform tracheostomy when there is marked distress in breathing due to laryngeal obstruction.
● Failure to give transfusion in severe hemorrhage.
● Depriving the child of nutrition.
● Removal of the patient from a respirator when voluntary breathing is not possible.
Who May Perform Euthanasia:
1. The patient himself:
Any person who deliberately puts an end to his life commits suicide. Suicide is not a crime in our jurisdiction because a person committing suicide is a moral wreck and he must be given an eye of pity or sympathy rather than an eye of penalty by law. This is also based on a philosophy that a person has complete dominion over his own body.
2. The physician, with or without the knowledge and consent of the patient:
Even if a physician has a humanitarian or merciful, motive in putting to death a patient, his act is punishable in spite of the patient’s consent.
Art. 253, Revised Penal Code — Giving assistance to suicide
Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person lends his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods shall be imposed.
The above provision contemplates the following situations:
(a) If a physician assists a person in the commission of suicide (by giving him a lethal dose of poison, for example) without actually administering it, the law imposes upon him the penalty of prision mayor (6 yrs. and 1 day to 12 yrs. imprisonment).
(b) If the physician lends his assistance to another to the extent of doing the killing himself, he shall be punished by reclusion temporal (12 yrs. and 1 day to 20 yrs.);
(c) If the suicide with the assistance of the physician is not consummated, the penalty of arresto mayor (1 month and 1 day to 6 months) in its medium and maximum period shall be imposed; and
3. If the poison was administered by the physician to the patient without the knowledge and consent of the patient, then it is murder. Treachery is inherent to the act of poisoning and treachery qualifies the killing to murder.
In other jurisdictions, the modern attitude is to allow physicians to perform euthanasia in some special cases.
SUICIDE:
Suicide or self-destruction is usually the unfortunate consequence of mental illness and social disorganization.
Societal reaction to suicide varies in different jurisdictions. Some consider suicide a crime (Maryland, New Jersey, North Carolina, Oklahoma, South Dakota); others impose no penalty for suicide but suicide attempts are considered felonies or misdemeanors and could result in jail sentences.
In criminal statistics, there is under-reporting of suicide cases because of the following reasons:
[1] Even if the facts are clear to support suicide, the strong opposition of the family, the physician, the attorney, and friends may cause a certification that it is accidental because they are not only bereaved but also stigmatized. The legal and moral implications of suicidal death prevent certification of such manner of death. If insured, may deprive the beneficiary of receiving the full value of the policy; the usual religious rites may not be accorded the deceased; other benefits provided by law
which the heirs are entitled may not be received.
[2] There is a lack of generally accepted standards for determining death by suicide. To make death suicidal, it must be the direct, conscious, intentional act of self-destruction. Subconscious or sub-intended acts that directly or indirectly cause or hasten death are not considered to be suicide. No single finding in the investigation of death is an absolute criterion of suicide.
Suicide rarely occurs during the pre-adolescent age. The incidence increase with the age but more in the elderly. There is more incidence in males than in females. Most victims have experienced depression of a long duration prior to dying.
Suicide occurs in almost every conceivable location but a vast majority of cases occur at home. It may occur in other places like hotels, automobiles, jails, hospitals, and mental institutions. The bodies of victims may be found in rivers, lakes, open fields. The scene of death is orderly.
Psychological Classification of Suicide:
(1) First degree — deliberate, planned, premeditated, self-murder.
(2) Second degree — impulsive, unplanned, under great provocation or mitigating circumstances.
(3) Third-degree — sometimes called “accidental” suicide. This occurs when a person puts his or her life into jeopardy by voluntary self-injury, but where we infer that the intention to die was relatively low because the method of self-injury was relatively harmless, or because provisions for rescue were made. The person was “unlucky” actually to die.
(4) Suicide under circumstances that suggest a lack of capacity for intention, as when the person was psychotic or highly intoxicated from the effects of drugs, including alcohol.
(5) Self-destruction due to self-negligence — for example, such self-destructive behaviors as chronic alcoholism, reckless driving, ignoring medical instructions, cigarette smoking, and similar dangerous activities. In general, such deaths are not at present classified as “suicide.”
(6) Justifiable suicide — for example, the self-destructive action of a person with a terminal illness. This last category is of considerable current interest to philosophers, theologians, and social psychologists.
DEATH FROM STARVATION
Starvation or inanition is the deprivation of a regular and constant supply of food and water which is necessary for the normal health of a person.
Types of Starvation:
Types of Starvation:
(1) Acute starvation — is when the necessary food has been suddenly and completely withheld from a person.
(2) Chronic starvation — is when there is a gradual or deficient supply of food.
Causes of Starvation:
1. Suicidal:
(a) People deprived of liberty or prisoners may go on a “hunger strike” to create sympathy.
(b) The mistaken belief that people can live without food for a prolonged period.
(c) Excessive desire to lose weight.
(d) Lunatics during the depressive state.
(e) As an expression of political dissent.
2. Homicidal:
(a) The deliberate deprival of food for helpless illegitimate children, feeble-minded and old persons.
(b) Punishment or act of revenge by deliberate incarceration in an enclosed place without food and water.
3. Accidental:
(a) Scarcity of food or water during famines or draught.
(b) Shipwreck, entombment of miners caused by landslides, marooned sailors, or fall in a pit.
Length of Survival:
The human body without food loses l/24th of its weight daily, and a loss of 40% of the weight results in death. The length of survival depends upon the presence or absence of water. Without food and water, a person cannot survive more than 10 days, but with water, a person may survive without food for 50 to 60 days.
Factors that Influence the Length of Survival:
(a) Age — Children suffer earlier from the effects of starvation than old-aged people. A child demands more food for growth and development. Assimilation and utilization of food elements are slowed and weakened in old age.
(b) Condition of the body — During starvation, fat stored up in the
body is the one utilized to maintain life. It is but natural that
a healthy person with more fat deposits can resist more deprival
of food.
(c) Sex — Women can withstand starvation longer because they have relatively more adipose tissues than men.
(d) Environment — Exposure to a higher temperature will accelerate death. Suitable clothing will delay death. Active physical exertion will hasten death. Severe cold will also hasten death.
The Length of Survival Depends Upon the Following:
● Presence or absence of water.
● Partial or complete withdrawal of food.
● Surroundings.
● Females survive better than males, but children and older persons die quickly.
● Condition of the body.
DISPOSAL OF A DEAD BODY
Persons Charged with Duty of Burial:
The immediate duty of burying the body of a deceased person, regardless of the ultimate liability for the expense thereof, shall devolve upon the persons hereinbelow specified:
(a) If the deceased was a married man or woman, the duty of burial shall devolve upon the surviving spouse if he or she possesses sufficient means to pay the necessary expenses.
(b) If the deceased was an unmarried man or woman, or a child, and left any kin, the duty of burial shall devolve upon the nearest kin of the deceased, if they are adults and within the Philippines and in possession of sufficient means to defray the necessary expenses.
(c) If the deceased left no spouse or kindred possessed of sufficient means to defray the necessary expenses, as provided in the two foregoing sub-section, the duty of burial shall devolve upon the municipal authorities.
Any person upon whom the duty of burying a dead body is imposed by law shall perform such duty within forty-eight hours after death, having the ability to do so.
Right of Custody to the body:
Any person charged by law with the duty of burying the body of a deceased person is entitled to the custody of such body for the purpose of burying it, except when an inquest is required by law for the purpose of determining the cause of death; and, in case of death due to or accompanied by a dangerous communicable disease, such body shall until buried remain in the custody of the local board of health or local health officer (now DOH), or if there be no such, then in the custody of the municipal council (LGU).
Executor’s Right of Custody Superior to the Right of Spouse Dead Body:
If ever the deceased left a will stating among other things the manner his body will be disposed of, such provision of the will if validly executed and allowed, will prevail over the provisions of the Administrative Code.
An executor is a person mentioned in a will who will carry on the provision of the will. He is duty-bound to execute whatever is stated in the will after the death of the decedent. But, in the absence of a testamentary disposition, the right of the surviving spouse is paramount.
Rights over remains of deceased:
The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support, under Article 294 of the Civil Code of the Philippines. In case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred. In case of ascendants, the paternal shall have a better right.”
In relation thereto, Article 199 of the Family Code of the Philippines provides:
“Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons, in the order herein provided:
(a) The spouse;
(b) The descendants in the nearest degree;
(c) The ascendants in the nearest degree;
(d) The brothers and sisters.”
“It is generally recognized that the corpse of an individual is outside the commerce of man. However, the law recognizes that a certain right of possession over the corpse exists, for the purpose of a decent burial, and for the exclusion of the intrusion by third persons who have no legitimate interest in it.
This quasi-property right, arising out of the duty of those obligated by law to bury their dead, also authorizes them to take possession of the dead body for purposes of burial to have it remain in its final resting place or to even transfer it to a proper place where the memory of the dead may receive the respect of the living. This is a family right. There can be no doubt that persons having this right may recover the corpse from third persons”.
METHODS OF DISPOSAL OF THE DEAD BODY:
1. Embalming:
Embalming is the artificial way of preserving the body after death by injecting 6 to 8 quarts of antiseptic solutions of formalin, perchloride of mercury or arsenic, which is carried into the common carotid and the femoral arteries. Usually, alcohol is added to minimize the strong odor of the chemical, and glycerine to lessen the evaporation of water from the tissues of the body.
If the preservation of the body is for a longer time, the abdominal and thoracic viscera are removed, washed, and soaked in strong antiseptic solution before they are returned. The skin is painted with vaseline or covered with plaster of Paris to prevent too much evaporation.
2. Burial or Inhumation:
a. The body must be buried within forty-eight hours after death:
Sec. 1092, Revised Administrative Code (Same with DOH Sanitation Code):
Time within which body shall be buried:
Except when required for the purposes of legal investigation or when specifically authorized by the local health authorities, no unembalmed body shall remain unhurried longer than forty-eight hours after death; and after the lapse of such period the permit for burial, internment, or cremation of any such body shall be void and a new permit must be obtained.
When it has been certified or is known that any person died of, or with a dangerous communicable disease, the body of such person shall be buried within twelve hours after death, unless otherwise directed by the local board of health or other health authority.
The dead body must be buried within forty-eight hours after death except:
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- When it is still a subject matter of the legal investigation;
- When it is specifically authorized by the local health authorities that the body may be buried more than 48 hours after death;
- Impliedly when the body is embalmed.
If the person died of a communicable disease, the body must be buried within 12 hours unless the local health officer permits otherwise.
If the body is not buried within 48 hours after death, the permit previously issued is deemed canceled and there is a need for a new permit.
Considering the climatic conditions in the Philippines, the time limit provided by law regarding burial time should be reduced to 24 hours instead of 48 hours. The decomposition of the body in tropical countries, like the Philippines, is relatively rapid.
NOTE: No burial shall commence without a “death certificate”.
THE CODE OF SANITATION
Sec. 91 (f), P.D. 856 Code of Sanitation: (New reference: Chapter 21, Section 13, DOH Code of Sanitation)
If the person who issues a death certificate has reasons to believe or suspect that the cause of death was due to violence or crime, he shall notify immediately the local authorities concerned. In this case, the deceased shall not be buried until a permit is obtained from the provincial or city fiscal. If these officials are not available, permission shall be obtained from any government official authorized by the law.
In cases of death wherein violence or a crime is suspected, it is necessary to notify the following in order to determine the circumstances and nature of death:
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- Justice of the peace.
- Auxiliary justice of the peace, if the former is not available.
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But the permission for burial may only be granted by:
(1) Provincial fiscal.
(2) Municipal mayor if the fiscal is not available.
DEPTH of the GRAVE
Sec. 91 (c), P.D. 856 Code of Sanitation:
Graves, where remains are buried, shall be at least one and one-half (1-1/2) meters deep and filled well and firmly.
Although it did not totally repeal the provision of the Administrative Code, The Code of Sanitation provides Burial Grounds Requirements: (Sec. 90, Code of Sanitation, P.D. 856) The following requirements shall be applied and enforced:
(1) It shall be unlawful for any person to bury remains in places other than those legally authorized in conformity with the provisions of the Chapter.
(2) A burial ground shall at least be 25 meters distant from any dwelling house and no house shall be constructed within the same distance from any burial ground.
(3) No burial ground shall be located within 50 meters of any source of water supply.
Limitations to the Funeral Rites:
(a) Will of Deceased: The deceased during his lifetime may have made a will or expressly stated to his next of kin that his body after his death must be disposed of in the manner he desires.
(b) Burial of the person sentenced to death must not be held with pomp:
Sec. 97, P.D. 856, Code of Sanitation: (Chapter 21 Sec 14, IRR Sanitation Code)
Use of remains for medical studies and scientific research:
Unclaimed remains may be used by medical schools and scientific institutions for studies and research subject to the rules and regulations prescribed by the Department.
Sec. 1107, Revised Administrative Code: Use of a dead body for scientific purposes:
The body of any deceased person which is to be buried at public expense and which is unclaimed by relatives or friends for a period of twenty-four hours after death shall be subject to the disposition of the Bureau of Health (Now DOH), and, by order of the Director of Health, may be devoted to the purposes of medical science and to the advancement and promotion of medical knowledge and information, subject to such regulations as said Director of Health, with the approval of the Department Head, may prescribe.
The regulations of the Director of Health shall provide for the decent burial of the remains of such bodies and for defraying the necessary expenses incident thereto. Except as herein provided, it shall be unlawful for any person to make use of any dead body for any scientific investigation other than that of performing an autopsy.
The corpse of prisoners after judicial execution may be turned over to an institution of learning or scientific research:
Art. 85, Revised Penal Code:
Provisions relative to the corpse of the person executed and its burial:
Unless claimed by the family, the corpse of the culprit shall upon completion of the legal proceedings subsequent to the execution, be turned over to the institute of learning or scientific research first applying for it, for the purpose of study and investigation, provided that such institution shall take charge of the decent burial of the remains. Otherwise, the Director of Prisons shall order the burial of the body of the culprit at government expense, granting permission to be present thereat to the members of the family of the culprit and the friends of the latter. In no case shall the burial of the body of a person sentenced to death be held with pomp.
Republic Act 1056
An Act To Legalize Permissions to Use Human Organs or any Portion or Portions of the Human Body for Medical, Surgical, or Scientific Purposes, under Certain Conditions
Sec. 1. Any person may validly grant to a licensed physician, surgeon, known scientist, or any medical or scientific institution, including eye banks and other similar institutions, authority to detach at any time after the grantor’s death any organ, part, or parts of his body and to utilize the same for medical, surgical or scientific purposes.
Persons who can grant permission to detach, after death, human organs or part or parts of the human body for medical, surgical, and other scientific purposes:
a. Before Death:
[a] By the deceased during his lifetime.
[b] If the deceased is a minor or incompetent, permission may be executed by the guardian with the approval of the court or by the legitimate father or mother.
[c] A married woman may give consent without the consent of the husband.
b. After Death:
[a] The nearest relative.
[b] In the absence of the nearest relative, permission may be given by the head of the hospital or institution having custody of the deceased.
Persons permitted to detach human organs, or parts of the human body for medical, surgical, and other scientific use:
(a) Licensed physicians and surgeons.
(b) Known scientists.
(c) Medical or scientific institutions including eye-banks.
Requirements for a Valid Authorization:
(a) It must be in writing.
(b) It must specify the person or institution granted the authorization.
(c) It must specify the organ or part of the body to be detached.
(d) It must be signed by the grantor and two disinterested persons.
(e) A copy of the authorization must be furnished to the Secretary of Health.
EXHUMATION
The deceased buried may be raised or disinterred upon the lawful order of the proper authorities. The order may come from the provincial or city fiscals, from the court, and from any entity vested with the authority to investigate.
If the body is exhumed for the purpose of performing postmortem examination, no deodorant must be applied to the body for it might interfere in the detection of, chemicals. After the body has been disinterred, it must be identified by relatives, friends, or by marks on the body. The physician must describe the coffin, clothing, degree of decomposition before stating the actual disease or violence in his report.
Procedures Followed in Medico-Legal Exhumations:
I. There must be a formal request from any of the law enforcement agencies or any entity or person authorized by law to make an investigation addressed to any establishment or person authorized to perform medico-legal investigation.
The request must mention the name of the deceased, place of interment, date of interment, suspicion as to the cause of death, etc. The reason for the request may be:
1. To determine the cause of death;
2. To determine the identity of the deceased;
3. To recover organs or tissues for further examination:
(a) For toxicological analysis,
(b) For histopathological examination,
(c) Smears from vaginal canal and blood for alcohol determination; or
4. To recover foreign bodies:
(a) A metallic fragment or whole slug for ballistic examination.
(b) Operative sponge, a medical instrument to prove the negligence of the surgeon.
II. If the physician found out that there is justification for the exhumation and a strong probability for the purpose to be realized, he may then set the date and time of the exhumation.
III. A written request for the exhumation of the body of the deceased must be sent to the Ministry of Health or the Regional Director concerned, mentioning among other things:
(1) Name of the deceased.
(2) Place of exhumation.
(3) Date and time of exhumation.
(4) Duration of interment.
(5) Purpose of exhumation.
The Ministry of Health aside from issuing the necessary permit together with the conditions to be complied with will inform the local health officer concerned to assist the physician to perform the exhumation to see to it that public health will not be prejudiced.
IV. During actual exhumation, the grave must be properly identified by the person who was present when the body was interred.
V. During the process of disinterment care and diligence must be observed to avoid destruction, deformity, contamination, or such other effects that will prevent the realization of its objectives.
VI. After opening the coffin, the body must be viewed by any or more persons who can identify the deceased. The names of the person who identified the grave, who viewed and identified the deceased must be included in the report. The exhuming physician must describe the coffin, wearing apparel and condition of the body.
VII. Actual autopsy and adoption of the procedure are needed to accomplish the purpose of the exhumation.
VIII. Disinfection of the body and all the areas involved must be carried out with the assistance of the local health officer and the return of the body to the burial place.
What must be included in the Exhumation Report:
(a) The name of the deceased and the personal circumstances (age, sex, civil status, address, occupation, etc.).
(b) The purpose(s) of exhumation;
(c) The name, address, and designation of the requesting party;
(d) The date, time, and place of exhumation;
(e) The description of the burial place;
(f) The name and address of the person(s) who identified the burial place;
(g) The condition of the body and coffin (if there is) after disinterment.
THE SKELETAL REMAINS
THE EXAMINATION OF SKELETAL REMAINS
Occasionally, before a physician is called to examine a dead body, the soft tissues have already disappeared and only the skeletal system remains. All the external identifications have already disappeared.
In this particular case, we resort to the study of bones. In the examination of bones, the following points can be determined approximately:
[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.
[5] Race.
[6] Age.
[7] Length of internment or length of time from date of death.
[8] Presence or absence of antemortem or post-mortem bone injuries.
[9] Congenital deformities and acquired injuries on the hard tissues causing permanent deformities.
How to Determine Whether the Remains Are of Human Origin or Not:
The shape, size, and general nature of the remains, especially that of the head, must be studied. The oval or round shape of the skull and the less prominent lower jaw and nasal bone are suggestive of human remains. A complete layout of the whole bones found and placing each of them in their corresponding places in the human body will be helpful. (see illustration below)
The presence of dental fixtures, rings on the fingers, earrings in the case of women, hair, and other wearing apparels, together with the remains are the strong presumptions of human remains.
How to Determine Whether the Remains Comes from a Single Individual or Not:
A complete layout of the bones on a table (or a template, see another picture below) in their exact locations in the human body is necessary. Any plurality or excess of the bones after a complete layout denotes that the remains belong to more than one person. However, congenital deformities as supernumerary fingers and toes must not be forgotten. The inequality in sizes, especially of the limbs may be antemortem.
Height:
Several formulae using different constants have been forwarded in the approximation of the height of a person by measuring the long bones of the body.
(1) The actual measurement of the skeleton — To the actual length of the skeleton add 1 to 1-1/2 in. for the soft tissue.
(2) Pearson’s formulae for the reconstruction of the living statue of long bones, whose animal matters have disappeared and which are in a dry state. (see the table in the book of Solis: There are voluminous suggested remarks for this)
(3) Stature from bone: Dupertuis and Hadden’s General Formulae For Reconstruction of
Stature From Lengths of Dry Long Bones Without Cartilage (Constant Terms in Metric and Adapted to English System)
(4) Topinard and Rollet, two French anatomists devised a formula for the determination of the heights for males and females.
(5) Humprey’sTable
(6) Lacassagne coefficient for the determination of height
(8) Manouvrier made a formula based on length of tibia, fibula, radius, and ulna for the determination of height.
Determination of the Sex of the Skeleton:
In determining the sex of the skeleton, the following bones must be studied:
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- Pelvis
- Skull
- Sternum
- Femur
- Humerus
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Determination of the Race of the Skeleton:
In the past, it is difficult to determine race because of the amalgamation of races. With the advent of DNA and the use of isotope examinations it’s not only race but including that the place from where such skeletons came from, what was their common food consumption, and the like. But this is still to be developed in the Philippines as part of the Forensic Analysis.
AGE:
Aside from the size of the bones and dental examination, the age of the person to whom the skeleton belongs may be determined by:
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- The appearance of the ossification centers
- Union of Bones and Epiphyses
- Dental Identification
- Obliteration of cranial sutures
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Length of internment or length of time from date of death.
The period from the time of death up to the time of examination may be determined by the nature and presence of the soft tissues and the degree of erosion of the bones. Ordinarily, all the soft tissues in a grave disappear within a year. However, it is influenced by several factors.
The Bases of the Estimate for Duration of Interment are:
1. Presence or absence of soft tissues still adherent to the bones.
2. Firmness and weight, brittleness, dryness of the bones.
3. The degree of erosion of the surface of the bones.
4. The changes in the articles of clothing, coffin, and painting.
Presence or absence of antemortem or post-mortem bone injuries.
Individual bones must be examined in detail for possible fractures. Importance must be laid on whether these injuries in the bones occurred during life or in the process of exhumation. Note the presence of vital reaction, principally the signs of repairs.
Superimposed Photography:
This is a special method of determining the person to whom the skull belongs (See above photo: This is what Forensic Photography does in the Ruxton Case where the skull of Mrs. Ruxton was superimposed to her photograph to examine resemblance in the facial construction of the skull). The negatives of the picture of the skull and the suspected individuals are superimposed and printed. This will show whether the contour of the skull fits the contour of the face of the suspected person.
Congenital deformities and acquired injuries on the hard tissues causing permanent deformities.
Of course, congenital deformities will be manifested on the bones whether a matter of decrease or increase in the number of bones or in the case of limbs that are missing. This is similar to the deformities observable from head to toe (just like what is shown below).
MEDICO LEGAL INVESTIGATION OF DEATH
INQUEST OFFICERS are the officials of the government charged with the responsibility of investigation as to the nature of the cause of death of a person. The following are the inquest officers:
(1) Provincial fiscal (now prosecutors)
(2) Judges of the Court of First Instance (now RTC)
(3) Justices of the Peace
(4) City Fiscal (now prosecutors) of Manila
(5) The Director of the NBI
(6) The Chief of Police of the City of Manila (or any other chief of police who can cause medico-legal examination by the medical examiner)
(7) Such other officers, which are or may be vested by statutes the power to investigate criminal cases.
Note: Inquest officers may direct any qualified person to make technical investigations necessary in the solution of crime.
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