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MEDJUR - WEEK 1 - MODULE 1 - Coggle Diagram
MEDJUR - WEEK 1 - MODULE 1
A. Introduction
Definition
- Legal medicine, deals with the application of medical knowledge to the purposes of law and in the
administration of justice.
History
Similar Terms
- Used synonymously with:
Forensic Medicine – application of medical science to elucidate legal problems
Medical Jurisprudence – knowledge of law in relation to the practice of medicine
B. Legal Medicine and the Law
C. Legal Medicine
- Concerned particularly with remedial law, specifically the rules of evidence.
Evidence
Types of Evidence
Real Evidence
Testimonial
Experimental Evidence
- results of replicable scientific experiemnts subejct to the limitations of acceptablity of the science and methdology used.
Documentary Evidence
Kinds of Evidence for Conviction -
Direct Evidence
- Proves the fact without aid of any inference or presumption
Circumstantial Evidence
- Existence of a particular fact may be inferred as a necessary or probable consequence
D. Medicolegal Certificate
- Considered a form of documentary evidence, usual requirement that hte prosecutior's office requires for filing cases of physical injuries, homicide, etc.,
Contents
- Where, when, how, what,
NOI (Nature of Incident)
TOI (Time of Incident)
POI (Place of Incident)
DOI (Date of Incident)
The list of injuries
The CONCLUSION
Identification & Certification
Identification
- Covers the following:
Victims
Perpetrators
Crime Scene
Murder Weapons
Causation
- Whether the theory of the prosecution or defense is consistent with evidence.
Jurisdiction
- The power to adjudicate all controversies. This is a statutory grant, distinguishable from venue.
In Criminal Cases (Arula v. Espino)
- Requires concurrence of (3) requisites:
the offense is one which the court is by law authorized to take cognizance of,
the offense must have been committed within its territorial jurisdiction, and
the person, charged with the offense must have been brought into its forum for trial, forcibly by warrant of arrest or upon his voluntary submission to the court.
Forms of Jurisdiction
-
Over Plaintiff
- Filing of the complaint, petition or, initiatory pleading.
Over Defendant/respondent
- Voluntary apeparance or submission or, by coercive process such as service of summons
Over Subject matter
- Conferred by law only
Venue
- where the case is to be tried or heard
Medical Jurists
-
Medical Examiner
Coroner
Medicolegal
Medicolegal Expert
Distinguished from Ordinary Physicians
-
POV - Jurists determine what happened to cause the injury v. treatment
Purpose - To testify before an investigative body v. Arrive at diagnosis
Recording - Records all injuries for evidentiary purposes v. minor injuries usually ignored.