FORENSIC CHEMISTRY AND TOXICOLOGY

COURSE NAME : Forensic Chemistry

COURSE DESCRIPTION

This subject deals with the study and application of chemical principles in the
solution of legal problems. It discusses the nature and scope of the work of a forensic
chemist, the various techniques of examination employed for purposes of identifying the
submitted physical evidence such as blood and seminal fluids, gunpowder residues,
explosives, hair and fiber, tool marks, glass fragments/ fractures, casts of three-
dimensional impressions, paint and soil analyses, restoration of serial numbers, ink and
paper analyses.

COURSE OBJECTIVES:

At the end of the course, the students shall have:

1.Critically discussed the scope of Forensic Chemistry in Criminal Investigation;

2. Explained the nature of the work of a forensic chemist;

3.; Fully described the various standard procedures that are followed in the examination
of blood and seminal fluids, gunpowder residues, explosives, hairs and fibers, tool
marks, glass fragments/fractures, casts of three-dimensional impressions, paints and
soil analyses, restoration of serial numbers, ink and paper analyses;

4. Familiarized themselves with the proper standard procedures in the collection,

handling and preservation of either collected or submitted physical evidence.

FIRST QUARTER (Preliminary Period)

Chapter 1 : INTRODUCTION TO FORENSIC CHEMISTRY

Learning Outcomes:

The students should be able to:

1. Discuss the scope of Forensic Chemistry in criminal investigation.

2. Explain the nature of work of a forensic chemist.
3. Determine the development of the scientific crime laboratories in the Philippines.
4. Discuss the forms of scientific evidence.
5. Differentiate between ordinary and expert witness.
6. Factors to consider in the practice of Forensic Chemistry
7. Discuss the six Golden Rules in the practice of Forensic Chemistry.

A. Scope of Forensic Chemistry in Criminal Investigation

The learners be able to :
1.Define forensic chemistry.
2.Determine the scope of forensic chemistry

Forensic chemistry is defined as that branch of chemistry that deals with

the application of chemical principles in the solution of problems that arise in
connection with the administration of justice. It is the chemistry applied in the
elucidation of legal problems. This Science has an advantage over extracted
confessions, eyewitnesses and other circumstantial evidence. It is regarded as
the highest form of uncontestable and conclusive piece of evidence with the
utmost legal significance.
Forensic chemistry can solve mysteries surrounding deaths, whether the
cause is natural or foul play. Analyzing evidence from fingerprints to chemical
residues lets chemists give the medical examiner and investigators the
information they need to reach logical conclusions about potential crimes.
Successful analysis of evidence plays a crucial role in securing justice for the
public.

Scope of Forensic Chemistry

Forensic Chemistry and Toxicology deals with the application in the

identification of physical evidence which includes collection, preservation,
examination -
1. of blood; semen; and other body fluid;
2 .examination of dangerous drugs
3. gunpowder and explosives
4. hair and textile fibers
5. chemical aspects of document and examination
6. problems of glass fragments and glass fracture
7. moulage,
8. metallurgy
9. petrography,
10. arson investigation
11. macro etching
12. bullet trajectory
13. UV examination of UV powder
14. tools and other marks, and
15. study of the nature of chemical; and physical properties, dosage,
treatment and detection of poison.
 Forensic Chemistry is the science that deals with the study and application
of chemical principles in the solution of problem that arises in connection with the
administration of justice. It also includes the study and examination of DNA or
Deoxyribonucleic acid.

B. Nature of Work of Forensic Chemist

The work of a forensic chemist is divided into four stages;
1. Collection or reception of the specimen to be examined. It is most important
that the chemist should personally collect all specimens necessary for
examination. Unless this is done, elucidation of the problem may be omitted
and questions regarding the collection and transit of the specimen are raised
during the trial.
2. The actual examination of the specimen. The first thing in doing the
examination of the specimen is to scrutinize it carefully and write down in the
laboratory notebook a complete description of its external appearance
including the manner which is secured and particulars of the sealing,
3. Communication of the results of the examination. The requesting party will be
handed down the results of the examination through a written report which
must include an enumeration of the specimen received for examination with
detailed description of the packing, sealing and labeling, date of receipt and
from whom received, the purpose of the examination, the findings and
conclusion. The findings should include a sufficient record of all significant
facts noted during the examination.
4. Court Appearance. The written report of the chemist is usually supplemented
at a later date by oral evidence if the case is brought to court. The witness
must be composed during court appearance and avoid being irritated by
upbraiding of the opposite counsel. As Brouarded said; “ If the law has made
you a witness, remain a man of Science. You have no victim to avenge, no
guilty or innocent person to ruin or save. You must bear witness within the
limits of Science”.

C. Development of the Scientific Crime Laboratories in the Philippines

February 14, 1929 Massacre occurred in Chicago. Then a group of

public minded individuals was responsible for the establishment of a scientific crime
laboratory which has taken the historical annals of police science.

March 31, 1876 Creation of “Medicos Titulares” by virtue of the Royal

Decree No. 188 of Spain. For every province a Forensic Physician was assign to
perform public sanitary duties and at the same time medico-legal aids to the
administration of justice..

December 15, 1884 Governor General Joaquin Javellar created a

committee to study the mineral waters of Luzon and appointed Anacleto del Rosario as
chemist.

September 13, 1887 Establishment of “Laboratorio Municipal de Manila”

under the inspection of the “Direccion General de Administracion Civil and the control
of the Gobierno de Provincias. The function of the laboratory were to make analysis not
only of food, water and others from the standpoint of public health and l;egal medicine
but also of specimen of clinical purposes.

1894 “Laboratorio Medico-Legal was created under the

dependency of the judicial branch of the government and the laboratory functioning
under the direction of physician and assisted by pharmacist-chemist.

1895 Antonio Luna established a clinical laboratory where some

original works in chemistry were done. Unfortunately all prospects of the advancements
of the scientific laboratories were paralyzed as a result of the revolution in 1896.

1899 First scientific laboratory was established in a small building

along the river banks of Pasig River with Lt. R.P. Strong of the US Army in charge.

1901 Actual scientific work began under the initiative of Dean C.

Worcester by virtue of Act No. 156 approved by the Civil Commission.

July 01, 1901 The Bureau of Government Laboratories was created for the
purpose of performing biological and chemical examinations as well as for the
production of vaccines anti sera.

March 11, 1915 The Department of Legal Medicine was created pursuant to
the resolution of the Board of Regents. The department took charge of the courses of
legal medicines and its branches in the College of Medicine and Law.

October 14, 1924 Through the passage of Act No. 3043 by the Philippine
Legislature, the same Department of Legal Medicine became a branch of the
Department of Justice and an integral part of the University of the Philippines.

December 01, 1937 The Division of Investigation was created under the
Commonwealth Act No. 181 with two medico- legal officers and a chemist. The
Medico-Legal Section of the Division of Investigation started the definite movement
towards the creation of scientific crime detection laboratory.
 September 1945 The National Bureau of Investigation (*NBI) was
organized with the Division of Investigation as the nucleus. The chemical laboratory of
the medico-legal section was expanded into a Forensic Chemistry Division.

There are four distinct laboratories in the Philippines performing forensic

chemical analyses namely;

1.Forensic Chemistry Division of the NBI

2.The C.I. Laboratory of the Manila police Department
3. The C.I.D. Laboratory of the Philippines Constabulary
4. Camp Crame Crime Laboratory of the Philippine National Police.

D. Scientific Forms of Evidence

The learners can;
1. Define the word scientific evidence.
2. Determine the different kinds of evidence
3. Explain the different forms of scientific evidence

Scientific evidence maybe defined as the means sanctioned by law, of

ascertaining in judicial proceedings the truth respecting a matter of fact wherein
scientific knowledge is necessary. Evidence bases on or conforming to the principles
and techniques of science. The investigator is a fact-finder, but he must know the laws
concerning the nature of his activities. He should procure evidence that the findings can
be admitted in court and remain impregnable to any attack by the opposing counsel.
The investigator is in constant contact with various investigative and enforcement
agencies and learn to speak their language.

Evidence is a proof of allegation *(Sec.1 Rule 128, Rules of Court). Physical

evidence is an article and material which is found in connection with an investigation
and aids in establishing the identity of the perpetrator or the circumstances under which
the crime was committed or which in general assist in the prosecution of the criminal.

Kinds of Evidence:

1. Direct evidence is simply that which the senses perceive. Any fact to which a
witness testifies based on what he saw, heard, smelled, touched or tasted.
2. Circumstantial evidence is a kind of evidence which seeks to establish a
conclusion by inferences from proved facts. An evidence which establishes a
fact or circumstance from which the court may infer another fact at issue.
3. Hearsay evidence is a statement made by a witness on the authority of
another and not from his own personal knowledge or observation. Hearsay
evidence is inadmissible except with certain well-defined exceptions. Some of
 the common exceptions to the rules of exclusion generally applicable to
hearsay evidence are declaration against interest, dying declarations, res
gestae, reputation, public records and statement made at a prior time.

Forms of Scientific Evidence

1.Real of Autoptic evidence. It is that evidence which is addressed to the senses

of the court. It is not limited to the sense of vision but extends to those which are
perceived by the senses of hearing, taste, smell or touch.

2. Testimonial evidence. An expert may be placed on the witness stand and

answer all questions to be propounded by both parties in the case. It is a solemn
declaration made orally by a witness under oath in response to interrogation by a
lawyer.

3.Experimental evidence. An expert witness may be required to perform certain

experiments to prove a certain matter of fact. The court, however, in its own discretion
may or may not allow this kind of evidence.

4. Documentary evidence. Any written evidence presented by an expert in court

which is relevant to the subject matter in dispute and not excluded by the Rules of
Court. Formal written report, expert opinions, certificates and disposition are included in
this group.

E. Difference between Ordinary and Expert Witness

The learners be able to:

1. Define the word witness

2. Differentiate between ordinary and expert witness.

Witness is a person who testifies in court and has a personal knowledge or

experience of something. A person, other than the suspect who is requested to give
information concerning an incident or person. He may be a victim, a complainant, an
accuser, a source of information and an observer of an occurrence. A witness in court
maybe an ordinary or expert witness.

An ordinary witness is one who state facts and may not express his opinions or
conclusions. He may testify to impressions of common experience such as the speed of
a vehicle, whether a voice was that of a man, woman or child.

An ordinary witness, the Rules of Court requires that the person must have the
following qualifications:

1. He must have the organ and power to perceive.

 2. The perception gathered by his organ can be imparted to others.
3. He does not fall in any of the exception provided for by law, Sec. 26, Rules
123, Rules of Court.

An expert witness is one who possess a special skill be it in art, trade, or science
or one who has special knowledge in matters not generally known to men of
ordinary education and experience.

Differences between Ordinary and Expert Witness

1.An ordinary witness can only state what his senses have perceived while an
expert witness may state what he has perceived and also give his opinions, deductions
or conclusions to his perceptions.

2. An ordinary witness may not be skilled on the line he is testifying while an

expert witness must be skilled in the art, science or trade he is testifying.

3 .An ordinary witness cannot testify on things or facts he has not perceived
except those provided for by law while an expert witness may testify on things which he
has not seen by giving his opinions, deductions or conclusions on the statement of
facts.

F .Factors to consider in the practice of Forensic Chemistry

The learners will be able to:

1. Explain the factors to be consider in the practice of Forensic Chemistry.

2. Determine the process in the examination of specimen.
3. Discuss how the results of the examination be presented in court.

1.Sufficiency of Samples

If possible, the investigator should collect sufficient amount of specimen

for examination. This will make the chemist confident that in case of doubtful
result, he or she can still have sample to repeat or to proceed to succeeding
examinations.

2.Standard for Comparison

If the evidence in question is found in the presence of foreign substance, a

sample of the foreign substance must be submitted for analysis. For example, if
blood is found on linoleum, a sample of the unstained linoleum must be
 submitted together with the stained portion. In cases of adulteration or unfair
trade competition, a genuine sample must be submitted for comparison. In the
examination if hair, textile and fiber, soil, etc samples to be used as standards for
comparison must always be submitted.

3.Maintenance of Individuality

Each evidence must be collected and preserved as a separate sample.

There must be no mixing or intermingling of unknown with the known specimen.

4.Labelling and Sealing

Evidence will have no value in court in spite of the good report of the
expert if the specimen cannot be identified and possibility of tampering is
excluded. Each sample must be labeled. Small fragments must be enclosed in
specimen boxes and the boxes are then sealed. The label should include
information concerning the nature and source of the sample, date, time of
collection, case number, if any and name of the person collecting the sample.

Actual examination of the specimen

1. The first step in the examination of an article is to scrutinize it carefully and

write down in the lab notebook a complete description of the external appearance
including the manner in which it is secured and particulars of the sealing. If possible
take a photograph of the specimen. The specimen is now open and any inner
wrappings should be described. Finally a detailed description of the appearance of the
contents of the package should be given. All wrappers should be kept and preserved
since questions concerning them may be raised in court during trial.

2. To measure or weigh the object and all measurements and weights should be
entered in the lab notebook. The specimen is then divided into several portions, one to
be kept in its original condition for further reference and production in court.

3. The chemical, microscopic and physical testing, whichever is indicated.

Communication of the results of the examination

The result of the examination conducted is communicated to the requesting party

in the form of a written report which must include an enumeration of the specimen
received for examination with detailed description of the packing, sealing and labelling,
date of receipt and from whom received the purpose of the examination, the finding and
conclusion.
 Court Appearance

The written report of the chemist is usually supplemented by a later date by oral
evidence if the case is brought to court or fiscal’s office. Since the oral evidence maybe
given weeks, months or years after the work has been made and the written report, the
chemist should refresh his memory by reference to his lab notebook before presenting
himself in court.

G. Six Golden Rules in the Practice of Forensic Chemistry

1. Go slowly
Good work cannot be hurried, therefore take all the time necessary to
make the case complete, no matter how urgent it may appear.
2.Be thorough
Make careful and minute examination of everything and do not be satisfied
with a quantitative analysis if a quantitative one be possible. It always pay to do too
much rather than too little and it is difficult to foresee what will or will not be required in
court.
3.Take notes
Keep a full clean and neat record of everything seen and done.
4.Consult others
Many cases will lead the expert into paths with which he is not familiar and
when this happens he should consult those who are most likely know.
5.Use imagination
An expert with a wide and uncontrollable imagination is considered as the
most dangerous creature. Though his being an imaginative is sometimes useful.
However, an expert witness does not have to be imaginative but he has to be skilled in
the field of Forensic Science.
6.Avoid complicated theories
The simplest explanation is fundamentally the right one. Interpretation of
results is often the most difficult part of the expert’s task that is why a wide knowledge
and scientific experience are the essential elements to obtain the right forensic
examination results.

References:

Canete, A.D.(2008). Essentials of Forensic Chemistry and Toxicology: Project 6,

Quezon City, Philippines. Wiseman’s Books Trading, Inc.
Saferstein, Richard. Criminalistics: An Introduction to Forensic Science 2nd ed.
Prentice Hall, New York 2001.