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Medico Legal Aspects of Identification
Medico Legal Aspects of Identification
Medico Legal Aspects of Identification
ASPECTS OF
IDENTIFICATION
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IMPORTANCE OF IDENTIFICATION OF
PERSON
1. In prosecution of the criminal offense, the identity of the offender and that of the victim must be
established, otherwise it will be a ground for the dismissal of the charge or acquittal of the accused.
2. The identification of a missing person or presumed dead will facilitate settlement of the state,
retirement, insurance and other social benefits. It vests on the heirs and the right over the
properties of the identified person.
3. Identification resolves the anxiety of the next-of-kin, other relatives and friends as to the
whereabouts of a missing person or victim of calamity or criminal act.
4. Identification of may be needed in some transactions, like cashing of check, entering a premise.-,
delivery of parcel or registered mail in post office, sale of property, release of dead bodies to
relatives, parties to a contract, etc..
RULES IN PERSONAL IDENTIFICATION
1. The greater the number of points of similarities and dissimilarities of two person compared, the
greater is the probability for the conclusion to be correct. This is known as the Law of
Multiplicity of Evidence in Identification.
2. The value of the different points of identification varies in the formulation of conclusion. In a
fresh cadaver, if the fingerprints on file are the same as those recovered from the crime scene,
they will positively established the identity of the person. while bodily marks, like moles, scars,
complexion, shape of nose, etc. Are merely corroborative. Visual recognition by relative or
friends may be of lesser value as compared with fingerprints or dental comparison.
3. The longer the interval between the death and the examination of the remains for purpose of
identification, the greater is the need for experts in establishing identity. The process of taking
fingerprints and its examination under a magnifying lens requires the service of an expert.
When putrefaction has set in, the external bodily marks useful in identification might be
destroyed so that it is necessary to resort to an anatomical or structural examination of the body
which requires knowledge of medicine and chemistry.
RULES IN PERSONAL IDENTIFICATION
4. Inasmuch as the object to be identified is highly perishable, it is necessary for the team to act in
the shortest possible time specially in cases of mass disaster.
5. There is no rigid role to be observed in the procedure of identification of persons.
METHODS IN IDENTIFICATION
1. By Comparison - Identification criteria recovered during investigation are compared with
records available in the file, or post-mortem finding are compared with ante-mortem records.
Examples:
Latent Fingerprints recovered from the crime scene sre compared with the fingerprints on the file of an
investigating agency.
Dental Findings on the skeletal remains are compared with the dental record of the person in possession of the
dentist.
2. By Exclusion – if two or more persons have to be identified and all but one is not yet identified,
then the ones whose identity has not been established may be known by the process of
elimination.
IDENTIFICATION OF PERSONS
Based on human Identification may be classified as:
IDENTIFICATION
IDENTIFICATION
1. Ataxic gait – which the foot is raised high, thrown forward and brought
down suddenly is seen in persons suffering from tabes dorsalis.
2. Cerebellar Gait – Associated with staggering movement is seen in
cerebellar disease.
3. Cow’s Gait – Swaying movement due to knock-knee.
4. Paretic Gait – the steps are short, the feet are dragged and the legs are
held more or less widely apart.
5. Spastic Gait – the legs are held together and move in a stiff manner and
the toes dragged.
6. Festinating Gait – Involuntary movement in short accelerating steps.
7. Frog Gait – A hopping resulting from infantile paralysis.
8. Waddling Gait – Exaggerated alteration of lateral trunk movement
similar to the movement of the duck.
Points of Identification Applicable to the Living Person Only: 9
SELECTING
VISUAL AIDS
Enhancing your presentation
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SELECTING
VISUAL AIDS
Enhancing your presentation
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POINTS OF IDENTIFICATION
Applicable for Both Living and Dead before Onset of
Decomposition.
ANTHROPOMETRY
(BERTILLON SYSTEM)
SYSTEM
1. Descriptive Data – Color of the hair, eyes and
complexion, shape of the nose, ear etc.
2. Body marks - moles scars, tattoo marks, deformities,
etc.
3. Anthropometrical measurements:
a. Body measurements – Height, width of outstretched
arms, and sitting height.
b. Measurement if the head – Length of breadth of head,
bizygomatic diameter, and length of the right ear.
c. Measurement of the limbs – Length of the left foot,
length of left arm and hand from the elbow to the tip
of the outstretched middle finger.
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PORTRAIT PARLEY
In many instances an investigator does not have a picture of the wanted or missing person. The only way
to have an idea of the prominent physical features is for the witnesses or someone who has knowledge of
the identity to tell him.
Portrait parley (spoken picture) is a verbal, accurate and pictures-que description of the person
identified. Such information may be given the witness, relatives, or other persons who are acquainted
with the physical features of the person to be identified.
The following basic requirement must be included in the verbal description:
1. General Impression: Type, personality, apparent social 10. Face – general impression
status a. forehead – High, low, bulging or receding
2. Age and Sex b. eyebrows – brushy or thin, shape
3. Race or color c. Mustache – Length, color, shape
4. Height d. Ears – Size, shape, size of lobe, angle of set
5. Weight e. Eyes – small, medium or large; color; eyeglasses
6. Built – thin, slender, medium or stout f. Cheeks – high, low or prominent medium check
7. Posture – Erect, slouching, round shoulder bones; flat or sunken
8. Head – size, shape g. Nose – Short, Medium or big; or long; straight,
9. Hair – color, length, baldness aquiline or flat or pug
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PORTRAIT PARLEY
h. Mouth- Wide, small or medium; general impression
i. Lips – Shape; thickness; color
j. Teeth – Shade; condition, defect; missing elements
k. Chin – Size, shape, general impression
l. Jaw – Length, shape, lean, heavy or medium
11. Neck – Shape, thickness, length; Adam’s apple
12. Shoulder – Width and shape
13. Wrist – Size, shape
14. Hands – length, size; hair; condition of the palms
15. Fingers – Length; thickness; stains; shape of nails; condition of the nails.
16. Arms –Long, medium or short; muscular; normal or thickness of the wrist.
17. Feet – size, deformities
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II. SCIENTIFIC METHODS OF
IDENTIFICATION
Aspects of Identification of Requiring Scientific Knowledge:
A. Fingerprint – considered to be the most valuable method of identification. (i. There are no two-
identical fingerprints: ii. Fingerprints are not changeable)
B. Dental Identification – the role of teeth in human identification is important for the following
reasons (i. The possibility of two persons have the same dentition is quite remote, ii. The enamel
of the teeth is the hardest substance of the human body, iii. After death, the grater the degree of
tissue destruction, the greater is the importance of dental characteristics as a means of
identification)
C. Handwriting – evidence respecting the handwriting my also be given by a comparison, made by
the witness party against whom the evidence is offered, or proved to be genuine to the satisfaction
of the judge.
D. Identification of Skeleton – 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.
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E. Determination of Sex – test to determine the sex, (I. Social test, dress, hairstyle , generally bodily
shape provide an immediate and accurate answer to the vast majority of cases. ii. Genital test, we
may look for the tastes in the scrotum and if they are absent we must not conclude that the individual
is not male. Iii Gonadal test
F. Determination of Age –
G. Identification of Blood and Blood Stains –
H. Identification of Hair and Fibers –
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• Brain Death - Occurs when there is deep irreversible coma, absence of electrical brain
activity and complete cessation of all the vital functions without possibility of resuscitation.
Irreversible Coma – Unreceptivity and Unresponsibility, No movement or breathing, No
reflexes, Flat electro-encephalogram.
• Cardio-Respiratory Death – death occurs when there is a continues and persistent cessation
of heart action and respiration. Cardio-Respiratory Death is a condition in which the
physician and the members of the family pronounced a person to be dead based on the
common sense or intuition.
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A. KINDS OF DEATH
Somatic Death or Clinical Death: the state of the body in which there is
complete, persistent and continuous cessation of the vital functions of the brain,
heart and lungs which maintain life and health.
Molecular or Cellular Death: after cessation of the vital functions of the body
there is still animal life among individual cells, this is evidence by the presence
of excitability of muscles and ciliary movements and other functions of
individual cells.
Apparent Death or “State of Suspended Animation” : This condition is not really
death but merely a transient loss of consciousness or temporary cessation of the
vital functions of the influence.
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B. SIGNS OF DEATH
B. SIGNS OF DEATH
2. CESSATION OF RESPIRATION: Cessation of Respiration in order to considered as a sign of death
must be continuous and persistent. A person can hold his breath for a period not longer then 3 - ½
minutes.
3. COOLING OF THE BODY (ALGOR MORTIS): no more heat is produced but the body loses slowly
its temperature by evaporation or by conduction to the surrounding atmosphere. The progressive fall of
the body temperature is one of the most prominent signs of death. The rate of cooling of the body is not
uniform. It is rapid during the first 2 hours after the death and as the temperature of the body gradually
approaches the temperature of the surroundings, the rate becomes slower.
4. INSENSIBILITY OF THE BODY AND LOSS OF POWER TO MOVE: After death the whole body
is insensible. No kind of stimulus is capable of letting the body have voluntary movement. This
condition must be observed in conjunction with cessation of heart beat and circulation and cessation of
respiratory.
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B. SIGNS OF DEATH
5. CHANGES IN THE SKIN: changes undergone by the skin after death: (Pale and waxy,
Loss of Elasticity of the Skin, Opacity of the Skin, Effect of the Application of Heart)
6. CHANGES IN AND ABOUT THE EYE: Loss of Cornea Reflexes, Clouding of the
Cornea, Flaccidity of the Eyeball, The Pupil is in the Position of Rest, Ophthalmoscopic
Findings, “Tache noir de sclerotique – after death a spot may be found in the sclera. The spot
which may be oval or round or may be triangular with the base towards the cornea and may
appear in the sclera a few hours after death.
7. ACTION OF HEAT ON THE SKIN: This test is useful to determine whether occurred
before or after the application of heat. The heat is applied to a portion of the leg or arm,. If
death is real, only a dry blister is produced. The epidermis is raised but on pricking the
blister, no fluid is present.
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1. Changes in the Muscle: after death there is a complete relaxation of the whole muscular system,
the entire muscular system is contractile for three to six hours after death, and later rigidity sets
in.
The Entire Muscular Tissue Passes Three Stages After Death.
a. Stage of Primary Flaccidity (post-mortem muscular irritability) : the muscles are relaxed and
capable of contracting when stimulated. The pupils are dilated, the sphincters are relaxed and
there is incontinence of urination and defecation.
b. Stage of Post-mortem rigidity ( Cadaveric Rigidity, or Death Struggle of muscles or Rigor
Mortis) : the whole body becomes rigid due to the contraction of the muscles: This developed
three to six hours after death and may last from twenty-four to thirty-six hours.
c. Stage of Secondary Flaccidity or commencement of putrefaction (decay of muscles) : the
muscles become flaccid, no longer capable of responding to mechanical or electrical stimulus
and the reaction becomes alkaline.
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Internal Factors:
a. State of the Muscles
Age
Integrity of the Nerves
b. External Factors
Temperature
Moisture
CONDITIONS STIMULATING RIGOR
MORTIS
b. Cold stiffening – may be manifested when the body is frozen, but exposure to
warm condition will make such stiffening disappear.