Medico-Legal Aspect in Investigation

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MEDICO-LEGAL

ASPECT IN
INVESTIGATION

MEDICO LEGAL INVESTIGATION


Truth is necessary in the administration of
justice attained by using medical techniques.
Although the results in medical techniques in
deception detection are not admissible as
evidence in court, it may be useful for further
investigation. The role of physician in criminal
investigation utilizing highly technical medical
methods is to assist in its operation and
interpret the result.

DECEPTION DETECTION
METHODS
It is a method of gathering information from
the subject about the crime in dispute
employing the use of special medicines and
other devices, drugs and other substance.
Their result are not admissible in court but
useful for further investigation.

METHODS OF DECEPTION
DETECTION
1.Use of polygraph test or lie detector test
or keelers test.
Polygraph is an instrument that measures
and records several physiological responses
such
as
blood
pressure,
pulse
rate,
respiration, and skin conductivity while the
subject is asked and answers a series of
questions, on the basis that false answer will
produce distinctive measurements.

HISTORY
The idea that lying produces physical side affects has
long been claimed. In Africa, persons suspected of a
crime were made to pass birds egg to one another. If
a person broke the egg, then he or she was
considered guilty, based on the idea that their
nervousness was to blame. In ancient china, the
suspect held a handful of rice in his mouth during the
prosecutors speech. Since salivation was believed to
case at times of emotional anxiety, person was
considered guilty if by the end of the speech the rice
was dry.
Early devices for lei detector include 1885 invention
of Cesar Lombroso used to measure changes in blood
pressure for police cases.

In 1914, a device by Vittoro Benussi used to


measure breathing and an abandoned project
by America William Marston which used blood
pressure and galvanic skin response to
examine German prisoners of war.
In 1920, Dr. John Larson invented a device
recording both blood pressures and galvanic
skin response. Further work of this device was
done by Leonard Keeler.
The first time the term polygraph was
used in 1906 by James Mackenzie in his
invention the ink polygraph which was used
for medical reasons.

LIE DETECTOR OR POLYGRAPH


TEST
A test used to record physiological changes
associated with lying in a subject. The polygraph
machine will record the blood pressure,
respiratory rate and the skin resistance to
electricity in a graphic paper.
The subject is made to sit comfortably and the
blood
pressure
cuff,
pneumograph
and
electrodes connected to the machine will be
placed in the subject. When the machine is
switched on, then question will be asked that can
only be answered by Yes or No by the subject.

1.Use of Drugs
a. Narco Synthesis or Narco Analysis- This is a
deception detection method uses anesthetic drugs like
Sodium Pentothal or Sodium Amytal to get information
from the subject. The drug is injected intravenously
until inhibition is released then the interrogator asks
question. The tendency of the subject is to reveal the
secrets of the crime. The use of this method in criminal
investigation is not advisable because of the following
reasons. The administration of the drug is dangerous. If
not properly administered it may kill the subject,
damage the brain and spinal cord. This method of
deception detection will give unreliable results and
deprive the subject of his own free will to speak.

b. Administration of truth serum- Same as


Narco Synthesis, in the test Hyoscine Hydro
bromide given hypodermically in repeated doses
until a state of delirium is induced. Statements
taken from the subject while under the influence
of truth serum are involuntary obtained hence
they are not admissible as evidence.
c. Use of alcoholic beverages- The information
taken from the subject while under the influence
of alcohol may be admissible if the subject can
recall his statement when he was under the
influence of alcohol when confronted again.

Stimulus Association
Test
In this test, the subject will be interviewed wherein a
group of stimulus words, of person will be presented to
the subject. He will then be the instructed to answer the
question as quickly as possible. The time interval
between each relevant question and answer were noted
down as well as the reaction of the subject to the
stimulus words, objects or person related to the crime is
dispute. The time interval and the reaction of the subject
will be studied by the interrogator. A person presumed to
be guilty will usually make a mistake or will have long
time interval in answering questions. He may manifest
the situation in answering critical question especially the
weapon used in the commission of the crime will be
shown to him. There will also be responses to the stimuli.

2.Use of Hypnotism
Alteration of the consciousness and
concentration in which the subject manifests a
heightened state of suggestibility. The subject
is under the control of the hypnotist and
therefore the information gathered is devoid
the subjects own free will and making it not
admissible in court.

SIGNS AND SYMPTOMS OF


GUILT
1. Color Change
Blushing or red color of the face indicating anger or
humiliation. Pallor of the face is indicative of tension,
fear an anxiety.
2. Sweating or perspiration accompanied by the flushed face
indicative
of
anger,
embarrassing
or
extreme
nervousness. Cold clammy perspiration is a manifestation
of shock, fear and anxiety.
3. Dryness of the mouth because reflex inhibition of the
salivary gland resulting to continuous swallowing and
licking of the lips.
It may be an indication of tension and nervousness but
also guilt.

4. Excessive activity of Adam's apple on account of


inhibition of salivary gland there is dryness of the
making the subject to swallow. This causes frequent
upward and downward movements of the Adams
apple.
5. Fidgeting
Subject constantly moving about in the chair,
crossing and uncrossing the legs tapping the table ,
rubbing the face, picking the nose and ears, biting
the fingernails and twisting the handkerchief of
clothing.
6. Inability to look straight at the Interrogators Eyes.
The subject avoids looking at the investigators eye
for that his guilt may be seen at his eye.

7. Breathing
The holding of the breath is an indication of
tension especially when critical questions were
asked and then followed by a sudden, explosive
and longer expiration
8. Peculiar and Unusual Expression
The not feeling well and not that I remember are
sometimes the remarks of the subject probably to
avoid betraying himself in the interrogation.
9. Swearing to the Truthfulness of his assertion.
A guilty subject unusually utters I swear to God I
am telling the truth.
10. Spotless Records
The subject may assert that he is a religious man
and that it is not possible for him to do anything.

Confession and
Admission
Confession is an expressed acknowledgment by
the accuse in a criminal case the truth of his
guilt as to the crime charged.
A confession is different from admission. A
confession is a declaration of the accused that
he had committed or participated in the
commission of the crime and therefore a
statement of guilt while admission is a
statement of fact usually applied in criminal
cases which do not directly involve an
acknowledgement of guilt or criminal intent.

Kind of Confession
A. Extra Judicial Confession
1.Voluntary extra judicial confession
2.Involuntary extra judicial

B. Judicial Confession
A confession made inside the court. It is
conclusive and maybe considered to be a
mitigating circumstance to criminal liability.

Thank you

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