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Volume 11, Emitir 4 (2020)

Artigo de Pesquisa

The Language of Police Arrest in the Philippines

Harriette Mae Mercullo*

The policy of police arrest in the Philippines requires the reading of the Miranda doctrine to the arrestee as stipulated in the Philippine Constitution. This Miranda doctrine provides an arrestee or any suspect an awareness of his right to remain silent and to get his own lawyer. While some police officers observe such policy, others tend to disregard the significance of reading the Miranda doctrine during the actual arrest. Using the qualitative descriptive method and drawing data from interviews, this paper seeks to investigate the language of police arrest and to draw implications on the upholding of the Miranda doctrine in the Philippines. It also seeks to review the policy of police arrest and its alignment with the actual practice. The finding of the research reveals that there is a mismatch between the policy and practice of police arrest in the Philippines. In addition, the improper use of language in the legal domain leads to marginalization of arrestees who are at a great disadvantage before the law. Further, this study suggests the need to explain clearly the content and meaning of the Miranda doctrine by the arresting officer to the arrestee.

Relato de caso

Problem of Imputability in Case of Post Splenctomy Stroke Following a Traffic Accident

Marwa Boussaid*, Syrine Azza Manoubi, Mohamed Amin Mesrati, Hiba Limem, Yosra Mahjoub, Meriem Boughattas, Randa Salem, Abir Aissaoui

The occurrence of perioperative stroke related to noncardiac, nonaortic surgery is frequently less expected than cardiovascular related one. Splenectomy could be one of these situations. The advent of post-splenectomy stroke following trauma involving third party, whether accidental or intentional, can arise several questions and be particulary challenging from legal point of view.

Aims of this manuscript are to report a case of post splenectomy stroke following a traffic accident and to discuss both imputabilities of the stroke to the splenectomy and the stroke to the traffic accident.

A 40-year-old male, without past medical history, was a victim of a traffic accident. Body-scan showed a Haemoperitoneum of medium abundance, a ruptured spleen and a fracture of the right humerus. An emergent splenectomy was performed. The postoperative examination revealed a Glasgow scale of 9 with anosocoria, hypotension and tachycardia. He was reanimated. A computed tomography (CT) scan, performed 6 hours after surgery,  showed brain ischemia in the territory of the left middle cerebral artery (MCA) suggestive of thrombembolism with deviation of the median line and  sub-falcoral engagement. Few hours later, he was declared deceased.

Artigo de Pesquisa

Synthesis and On-Field Testing of Novel Low-Cost Latent Fingerprint Development Powders

Gurpreet Singh Suri* and Mohammad Al-Suwaidi

Background: A series of novel and low-cost powders were synthesised for the detection and extraction of the latent fingerprints deposited on various porous and non-porous surfaces. The template materials for these novel products range from silica nanoparticles to iron nanoparticles and activated charcoal. Preliminary lab testing indicated high quality fingerprints that were developed on various porous and non-porous surfaces such as glass slides, polymer plastic bags, aluminium foil, cardboard and paper.

Results: The silica based nano-fingerprint powders gave extremely fine visual prints as compared to commercial SIRCHIE® powders, with a white pattern of the ridges. Activated charcoal based and iron nanoparticles based powders on the other hand yielded fine black fingerprint patterns similar to the commercial SIRCHIE® powders. These series of powders were subjected to on-field testing by utilising the state-of-art facility of the General Department of Forensic Science and Criminology, Dubai Police. The samples were tested here under both lab conditions and virtual crime scenes, alongside the SIRCHIE® commercial powders already in standard use by the Dubai Police. The qualities of print developed were assessed based on the AFIS (Automated Fingerprint Identification System) report and visual inspection by the senior fingerprint experts of the Dubai police.

Conclusion: The study revealed distinct advantages of the novel synthesised products over the commercial powders. There was higher uniformity of the developed print patterns, higher score of AFIS analysis and advanced recovery of damaged fingerprints using the novel powders, which makes these novel products highly commercially viable.

Mini revisão

Forensic Anthropology- A Lead to a Speedy Identification of Disaster Victims

Isha Chauhan*

Identification of victims is one of the most significant concerns while investigating the scene of occurrence but due to the delay in time of identification it becomes difficult for the authorities to enable identification. The use of modern forensic techniques including the knowledge from disciplines like forensic anthropology, toxicology, post blast residue analysts, forensic odontologists so as to speed up the investigation. The paper reviews the role of a forensic anthropologist in the Disaster victim identification, on and off site. The use of radiographic techniques in order to know the biological profile of the deceased as well to assist relocation in case of a fragmented body. In the current scenario, the forensic involvement of experts though has been increased in identifying the victims, but still there needs to be more deployment at ground zero in order to increase proper investigation. Disaster victim identification is a multidisciplinary approach and so collaboration from all the disciplines is needed so as to render justice.

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