Module 3: Death Investigation and Crimes Against Person

Learning Outcomes:

Explain the elements of Crimes Against Persons.
Evaluate the process of Death Investigation and causes of death.
Apply concepts of legal medicine in death investigation and crimes against person.

What is Death?

Death is the termination of life. It is the complete cessation of all vital functions without the possibility of resuscitation.

Kinds of Death

Somatic or Clinical Death
- This refers to a state where there is a complete, ongoing, and uninterrupted cessation of the vital functions of the brain, heart, and lungs that sustain life. Determining the exact time of death is almost impossible. Immediately following death, the face and lips turn pale, muscles become limp, sphincters relax, the lower jaw drops, eyelids remain open, pupils dilate, skin loses elasticity, bodily fluids settle in the lower parts of the body, and the body's temperature gradually aligns with the surroundings.
Molecular or Cellular Death
- Even after the vital functions cease, individual cells continue to exhibit signs of life. About 3-6 hours later, these cells die in a process known as molecular or cellular death. The exact timing of this process cannot be precisely determined due to various factors.
Apparent or State of Suspended Animation
- This condition is not actual death but a temporary loss of the body's vital functions due to disease, external stimuli, or other influences. It can occur in cases of hysteria, uremia, catalepsy, and electric shock.

Causes of DEath

PROXIMATE CAUSE OF DEATH - the initial injury that led to a sequence of the events, which caused the death of the victim.
IMMEDIATE CAUSE OF DEATH - the injury or disease that finally killed the victim.

Manner of DEath

Natural Deaths
- Natural death refers to death caused solely by disease or natural processes. If a natural death is hastened by an injury (such as a fall or drowning), it is not considered natural.
- Sudden Unexplained Infant Death (SUID), formerly known as Sudden Infant Death Syndrome (SIDS), falls under natural deaths. It involves the sudden death of an infant under one year old that remains unexplained after a thorough investigation, including an autopsy, death scene examination, and clinical history. If significant risk factors, like an unsafe sleep environment, are present, the death may be classified as "undetermined."
Accidental Deaths
- An accidental death is an unnatural death resulting from an inadvertent chance occurrence. Traffic-related fatalities involving vehicles on public roads are considered accidents. On-the-job injury deaths, or industrial deaths, also fall under accidents. Deaths related to illicit drug use or excessive medication, when not clearly homicide or suicide, are classified as accidental.
- Traffic Deaths, a subset of accidental deaths, are reported separately for statistical purposes. They involve the unintentional death of a driver, passenger, or pedestrian on public roads. Deaths on private property are classified as non-traffic vehicular deaths. Classification as an "accident" does not preclude legal prosecution as vehicular homicide.
- Complication of Therapy Deaths are accidental deaths occurring due to complications during medical, surgical, therapeutic, or diagnostic procedures.
Suicide
- Suicide is defined as death from self-inflicted injury with evidence of intent to die, such as a suicide note, verbal threat, previous attempts, or inherently lethal actions like a close-range gunshot wound.
Homicide
- Homicide involves one person directly causing another's death, including deaths during and related to felony commission. Intent to cause death is not necessary for classification as homicide.
- It's important to note that homicide and murder are not synonymous. All murders are homicides, but not all homicides are murders. The term "murder" is used in specific criminal law contexts and is not an acceptable manner of death classification for death certificates.
Undetermined
- Undetermined is used when there is insufficient information about the death's circumstances or when evidence supports multiple manners of death equally. Some unexpected infant deaths, such as those with unsafe sleeping environments, may be classified as "undetermined."

Homicide Investigation

Elements of Homicide

That the person has been killed.
That the killing was not justified, hence unlawful.
That the offender had the intention to kill the victim.
That the killing was not attended by any of the qualifying circumstance of MURDER, PARRICIDE and INFANTICIDE

Elements of Murder

With treachery, taking advantage of superior strength, with the aid of armed men or employing means to weaken the defense or of means or persons to ensure or afford impunity.
Inconsideration of a price, reward, or promise.
By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.
On occassion of any calamities.
With evident premeditation.
With cruelty, deliberately and inhumanly augmenting the suffering of he victim, or outraging or scoffing at his person or corpse.

DISTINCTION OF ATTEMPTED HOMICIDE, FRUSTRATED MURDER FROM

PHYSICAL INJURIES

In physical injuries there is no intent to kill while in Attempted and Frustrated Homicide there is intent to kill.
The crime is Attempted Homicide if the injury sustained by the victim is fatal or life threatening.

NOTE:

The crime is attempted parricide or frustrated parricide if there is intent to kill and the offender is related by blood to the victim.
The crime is attempted murder or frustrated murder if there is intent to kill as well as the presence of aggravating or qualifying circumstances to constitute the same.
The crime is attempted infanticide or frustrated infanticide if there is intent to kill and the victim is less than 3 days old.

Elements of Parricide

A person is killed by the accused
The deceased is the father, mother, legitimate or illegitimate child, spouse, ascendants or descendants of the accused.

Elements of Infanticide

A child was killed.
The deceased child was less than 72 hours or 3 days old.
The offender is either the parents, ascendants, or even a stranger.

Note:

Thus, if the killer is the mother or the father or the legitimate grandparents of a child, the crime is still infanticide and not parricide. The penalty, however, is that for parricide but if the offender is a stranger, the penalty is that for murder.
If a child is abandoned by the mother although without any intent to kill and death results as a consequence, the crime committed is abandonment under Art. 276.

Medico-Legal aspect of death

Signs of Death

AUTOPSY AND POSTMORTEM EXAMINATION

AUTOPSY - process by which the pathologist or the medico-legal officer conducts an examination on the cadaver to determine the exact cause of death. (More detailed)
AUTOPSY OR NECROPSY REPORT - it is the medical document or report stating the cause of death of the victim.

POSTMORTEM EXAMINATION - the cursory examination of the dead body by the medico-legal officer at the crime scene.

Try this virtual postmortem examination

TRY THIS VIRTUAL AUTOPSY

Virtual autopsyFollow a human autopsy process from start to finish including an external examination, opening the body, viewing internal organs, removing the organs and weighing them, removing the brain, replacing all organs and closing the body.

Physical Injuries

KINDS OF PHYSICAL INJURIES

MUTILATION
SERIOUS PHYSICAL INJURIES
LESS SERIOUS PHYSICAL INJURIES
SLIGHT PHYSICAL INJURIES

Medico legal aspect of death by asphyxia

Asphyxia refers to any form of violent death resulting from disrupted respiration, leading to oxygen levels in the blood or tissues dropping below normal.

Types of Asphyxia

Anoxic Death
- Anoxic death occurs when there is a complete lack of oxygen in the body, leading to cellular and tissue death.
Anemic Death
- Anemic death results from a deficiency in the number or quality of red blood cells, reducing the oxygen-carrying capacity of the blood.
Stagnant Anoxic Death
- Stagnant anoxic death happens when there is a failure in blood circulation, preventing oxygen from reaching tissues despite adequate oxygen levels in the blood.
Histotoxic Anoxic Death
- Histotoxic anoxic death occurs when cells are unable to utilize oxygen due to the presence of toxins, even though oxygen delivery to tissues is normal.

Phases of Asphyxia

Dyspneic Phase
- During this phase, symptoms arise due to a lack of oxygen and the retention of carbon dioxide in body tissues. Breathing becomes rapid and deep, the pulse rate increases, and blood pressure rises.
Convulsive Phase
- This phase results from the stimulation of the central nervous system by carbon dioxide. Cyanosis (a bluish tint to the skin) becomes more pronounced, the eyes become fixed, and the pupils dilate. Visceral organs show petechial hemorrhages, known as Tardieu Spots, caused by capillary ruptures due to increased intra-capillary pressure. The victim may lose consciousness during this stage.
Apneic Phase
- This phase occurs due to the paralysis of the brain's respiratory center. Breathing becomes shallow and gasping, gradually slowing down until it ceases completely. Eventually, the heart also fails.

CLASSIFICATION OF ASPHYXIA BY HANGING:

As To The Location Of The Ligature And Knot

Typical – when the ligature runs from the midline above the thyroid cartilage symmetrically encircling the neck on both sides to the occipital region.
Atypical – when the ligature is tied or noosed and present on one side of the neck, in front or behind the ear, or on the chin.

As To The Amount Of Constricting Force

Complete – when the body is completely suspended and the constricting force is the whole weight
Partial – when the body is partially suspended as when the victim is sitting , kneeling, reclining, prone or any other position.

Determination Whether Hanging Is Ante-mortem

Findings Show That Hanging Is Ante-mortem:

Redness or ecchymosis at the site of ligature
Ecchymosis of the pharynx and epiglottis
Line of redness or rupture of the intima of the carotid artery
Sub pleural, subepicardial punctiform hemorrhages

NOTE: It is advisable to look for other injuries which are capable of producing death to eliminate the possibility of hanging as the cause of death.

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