Bite Mark Forensic Evidence

BITEMARK HISTORY

In struggles between assailants and victims, there’s a tendency for tooth for use as a weapon. Sometimes it’s the solely defensive tactic for a sufferer to inflict critical damage on the assailant. It is a well-known reality, that in sexual assaults together with sexual murder, rape and youngster sexual abuse, the assailants most of the time chew their victims. This may be seen as an expression of dominance, rage and animalistic behaviour. Not many individuals have the view that tooth might be such violent weapons (Sweet & Pretty, 2001).

Early recognition of chew marks is seen in previous English Law the place ‘member correct for defence; included arms, legs and anterior tooth’. The first chew mark case within the United States was the well-known Salem Witch Trials, in 1692. Rev. Burroughs who was convicted and hanged used to chew his victims. During the trial his chew marks and of different individuals have been in comparison with the sufferer’s marks. The judges readily accepted the chew marks as proof. In 1870, A.I Robinson was suspected of murdering his mistress. Five chew marks have been discovered on her arm. The chew mark proof didn’t maintain and Robinson was acquitted. Despite the damaging end result of the Robinson case, by 1890 chew mark proof began to be acknowledged in scientific circles (Vale as cited Dorion, 2004).

Prior to 1950, the variety of instances the place chew marks have been used as proof was small when in comparison with at the moment. A big proportion was reported in Europe and Japan, however most instances originated within the USA. In 2002, over 400 forensic odontologists have been listed within the American Academy of Forensic Sciences (AAFS) (Dorion, 2004).

A serious improvement in chew mark investigations within the USA started in 1962 when programs in forensic odontolgy started on the Armed Forces Institute of Pathology (AFIP) in Washington D.C. The improvement of forensic odontology was furthered by the publication of a ebook in 1966 by Gustafson, referred to as ‘Forensic Odontology’. This e-book had a considerable chapter dedicated to chew marks and was the primary main work to be revealed on this topic. Then in 1970, forensic odontology turned a division within the AAFS, and have become acknowledged as a specialty in forensic science. In 1976, the American Board of Forensic Odontology (ABFO) was organized. This was a step in the direction of professionalism within the sector of forensic odontology. The ABFO began to offer a programme of certification in forensic odontology. This furthered the science of forensic odontology and made it extra dependable (Dorion, 2004).

FORENSIC ODONTOLOGISTS

A forensic dentist is just not an strange dentist; s/he’s a board- licensed specialist who offers primarily with chew mark proof. Although, one doesn’t should be a specialist to turn out to be an professional witness, it helps to strengthen the validity of the scientific proof in courtroom (O’Conner, 2006).

Forensic odontolgy is a department of forensic drugs that within the curiosity of justice offers with dental proof introduced within the courts of law. The work of a forensic odontologist is to determine human stays by way of dental data, estimate age of each dwelling and deceased individuals, evaluation of chew marks on victims and different substances resembling foodstuffs and presentation of chew mark proof in courtroom as an skilled witness (Sellar, 2002).

HUMAN BITE MARKS

Of all of the elements of the human physique tooth outlast all different elements after dying. Their sturdiness makes it good for identification. Sometimes, they’re the one technique of identification left. A transparent instance is Adolf Hitler’s dental data, which recognized his corpse. It is claimed that no two individuals have similar tooth. Unlike fingerprints which stay unchanged, tooth develop into distinctive with put on and tear. For profitable identification each ante and submit mortem knowledge ought to be out there, even one tooth may be helpful for identification (Evans, 2004).

There are about 2 hundred totally different tooth charting strategies on the planet, which give an virtually 100 % dependable technique of identification. The American strategy, which is called the Universal system, provides a quantity to every of the thirty two grownup tooth. Information is then recorded on every tooth in accordance with the 5 seen floor of the tooth. With this info, the odontologists can full a dental grid, distinctive to that individual (Evans, 2004).

Human chew marks are discovered when tooth are used as weapons. They can be utilized as weapons of anger; weapons of pleasure; weapons of management or weapons of destruction (Lotter, 2008). Bite marks are often discovered on the pores and skin of the sufferer. Females are often bitten on the breasts and legs throughout sexual assaults, whereas males are often bitten on the arms or shoulders and when in defensive postures bites could be discovered on the palms and arms (Sweet & Pretty, 2001).

The marks left by the tooth in an individual could also be used to determine a person. Nowadays forensic odontologists have develop into fairly expert at figuring out chew marks and relating it again to the one that has inflicted the mark (Horswell, 2004). A human chew mark is often described as an elliptical or round damage and the variations in measurement and form of tooth can typically be simply observed particularly when tooth are lacking or outstanding (Lotter, 2008). However, a chew mark just isn’t an general correct illustration of the tooth; it additionally depends upon the jaw motion and use of the tongue. The decrease jaw is moveable and is the one that provides probably the most biting pressure, whereas the higher jaw is often stationery and holds and stretches the pores and skin (Evans, 2004). The commonest sort of chew marks are contusions. Incisions supply the most effective three dimensional pictures of the tooth. If avulsions and artefacts are mixed, one can produce a 3 dimensional picture too. There are seven forms of chew marks; haemorrhage which is a small bleeding spot, abrasion which is an undamaging mark on pores and skin, contusion which is a ruptured blood vessel bruise, laceration which is punctured or torn pores and skin, avulsion have been there’s removing of the pores and skin and artefact have been a bit of the physique is bitten off. These are then additional divided into 4 levels of impression, which when analysed will help to notice what sort of violence was exerted and could also be used as aggravating circumstances.

1. vital strain

2. first diploma strain

three. violent strain

four. pores and skin violently torn from physique

(O’Conner, 2006).

BITE MARK ANALYSIS

In odontology, for a bodily comparability of a chew mark to achieve success, the questioned proof (Q) photograph of the chew mark have to be precisely produced. It should then be recreated in a life measurement dimension, and is then referred to as the Known (Okay) proof. After that is completed, the plaster forged of the defendant’s tooth are used to determine any similarities in form, positioning and so forth and forth (Bowers & Johansen, 2004). The strategies sometimes used embrace the older ones for instance hand tracing the tooth perimeters on clear acetate, then Xeroxing the dental casts after which tracing them on acetate too. The dental forged tooth are then pushed into wax and crammed thereafter with metallic powder. After that is achieved an x-ray movie is used to seize the tooth impression. The direct superimposition of Q and Okay pictures are used when dentists testify in courtroom, to point out that there’s adequate identification worth to succeed in a end result. These are all meticulously made to scale to have the ability to present rigorous and correct comparability outcomes (Bowers & Johansen, 2004).

Recently, digital imaging software program and picture seize units have created a extra superior and correct method to keep away from any discrepancies and permits the examiner to make use of the pc features right into a microscope for comparability. The computerized system of analyzing chew marks has the advantages of making correct technique of measuring bodily parameters of crime scene proof, corrects widespread photographic distortion and measurement discrepancies, helps to get rid of any examiner subjectivity, betters the management of picture visualization, standardizes comparability procedures, helps to create reproducibility of outcomes between separate examiners and is right for digital transmission and archiving (Bowers & Johansen, 2004). The higher the chew mark, the higher an skilled could make a dependable comparability (O’ Connor, 2006).

The American Board of Forensic Odontology (ABFO) follows chew mark requirements and tips. The ABFO supplies an inventory of usually accepted strategies that meet the standards of the scientific mannequin. This is to assist forensic odontology to realize the target of universally acceptable methodology. The ABFO offers steerage on how you can protect chew mark proof, that are saliva swabs of chew website, photographic documentation of the chew website which incorporates lighting and scale, acquiring impressions of chew website together with sufferer’s dental impressions, tissue specimens. Guidelines are additionally formulated on the proof assortment of suspected dentition and these embrace the photographic documentation of the dentition, medical examination with extraoral and intraoral issues and dental impressions. In 1994 the ABFO indicated that probably the most extensively used strategies of evaluating chew mark proof have been; the era of overlays (acetate), check chew media resembling wax exemplars, Styrofoam and so forth and comparability methods principally utilizing acetate.

All ABFO diplomats are anticipated to make use of probably the most analytical requirements and strategies prompt. Certain very important info should all the time be recorded and famous. These are accomplished each within the case of a dwelling sufferer as a deceased particular person. Demographics embrace particulars akin to identify of sufferer, case quantity and date of examination, individual to contact, age of sufferer, intercourse and identify of examiner. The location of chew mark, which incorporates the anatomical location, description of floor contour and whether or not it’s flat, curved or irregular and an outline of the tissue traits with particulars on the underlying bone, cartilage, muscle and fats construction and if the pores and skin is fastened or cellular. The form of the chew mark have to be described for instance whether it is spherical, ovoid, crescent, irregular and so forth. The color of the chew mark can also be necessary to notice, e.g. purple, purple.

The measurement can also be to be famous, whether or not it’s vertical or horizontal and ideally famous within the metric system. The damage is usually a petechial hemorrhage, contusion, abrasion, laceration, incision, avulsion or artifact. Other info that’s to be gathered if attainable is whether or not the pores and skin floor of indented or clean (Bowers & Johansen, 2004). Since the pores and skin is elastic, and relying on the sufferer some chew marks might final for hours whereas others might final for days. All chew marks alter themselves as time elapses, subsequently it is very important photograph the chew marks as constant intervals over a interval of hours and days as really helpful by the ABFO (O’Connor, 2006).

BITE MARKS AND CRIMINAL JUSTICE SYSTEM

The legal justice system has lengthy endorsed odontology as a serious supply of invaluable help. Apart from figuring out perpetrators of crime, odontology has additionally helped within the identification of unidentified individuals (FBI Laboratory, 1989 as cited in Brennan, Gray- Ray, & Hensley, 1997).

Differences in tooth are as totally different as these marks discovered by different instruments and fingerprints. Though an individual’s tooth might look the identical, they’re totally different in measurement, form, association, put on, injury, age, high quality and amount and habits of the person (Levine, 1972 ac cited in Brennan, Gray- Ray, & Hensley, 1997). The FBI Laboratory in 1989 has concluded that dental uniqueness is past any affordable doubt.

Bite mark evaluation and proof has been judicially accepted within the United States since 1954 (Doyle vs. State). It was solely in 1975, that chew mark proof gave us the Marx commonplace of admissibility (People vs. Marx, 1975). The identification of a biter has been helpful and instrumental in felony investigations particularly in instances of murder; sexual abuse and youngster abuse instances (Pretty & Sweet, 2000 as cited in Bowers & Johansen, 2001). The USA has fairly a developed system of dental data based mostly on the Universal system and this helps significantly particularly in figuring out ‘John/ Jane Doe’ victims (O’Connor, 2006).

The forensic weight and worth of the chew mark is predicated on the traits of the chew marks which might be just like the defendant’s. Most dentists’ although, depend on a ‘rule in’ or ‘rule out’ trend and subsequently present a weak linkage. So at this stage, the forensic weight of this proof may be argued (Bowers & Johansen, 2004).

Forensic odontology continues to be new to legal justice officers and its success within the felony justice area has by no means been researched as but. In the meantime two main specialists within the subject, Dr. Haynes and Dr. West have been doing properly through the use of extremely violet lighting to detect human chew marks on rape victims. With this technique they’ve helped to seize and convict ten rapists. Bite marks within the investigation and prosecution of rapists is significant, since many rapists chew their victims. Bite mark proof could be as conclusive as each DNA and fingerprint proof within the case of rape. Valuable info could be obtained from the evaluation of the chew mark. Odontology has proved to be exceptionally correct in violent rape instances, since chew marks are principally current in violent rape instances (Haynes and West, 1992 as cited in Brennan, Gray- Ray, & Hensley, 1997).

It have to be stored in thoughts that chew marks usually are not restricted to pores and skin. Teeth depart impressions on quite a lot of issues and if these are discovered on the crime scene they will help within the investigation, for e.g. a bit of chewing gum or meals like cheese or chocolate (Geberth, 2006). As far again as 1906 within the UK, two burglars have been convicted after one in every of them bit a bit of cheese which was discovered on the crime scene. The prosecutors then confirmed that imprint matched precisely his entrance tooth (Evans, 2004).

The high quality of the bodily proof, the variable nature of pores and skin bruising and the lack of dentists to precisely and scientifically show that tooth are distinctive, create issues within the willpower of constructive identification for use in courtroom (Bowers, 2004). Legal challenges for chew mark proof are often two: reliability of study and whether or not it violates constitutional rights (Stimson & Mertz, 1997).

Though there are robust arguments that maintain that every human has a singular dental profile and is discernable in chew marks this has not been confirmed legitimate by any experiments and thus causes critical issues when presenting chew mark proof within the courts of justice. The quantity and diploma of element of the chew mark might range from case to case and whether it is assumed that human dentition is exclusive it is sufficient to use as forensic proof. In the case the place it isn’t recognized whether or not this individuality is restricted, probably the most a chew mark can do is to exclude or embrace an individual, as chew mark proof shouldn’t be enough to get a conviction (Bowers, 2004). More analysis is required to show past doubt that every human dentition is exclusive (Sweet & Pretty, 2001).

Other issues which are encountered with professional witnesses in courtroom are that it’s excessive unlikely that their qualifications will ever be challenged on stand and more often than not odontologists work solely on an element time foundation with a law enforcement company. Another situation is the issue if a normal protocol. In this specific subject, specialists have a tendency to make use of their very own strategies. There can also be the digital divide, whereas others use the older strategies (acetate). When evaluating outcomes this causes difficulties because the strategies used usually are not the identical and subsequently blind evaluations mirror poorly on the professionalism of odontologists (O’Connor, 2006).

FAMOUS BITEMARK EVIDENCE CASES

The most well-known case the place chew mark proof led to a conviction is certainly the case of the serial killer Ted Bundy. Nowadays when referring to chew mark proof, individuals nonetheless speak concerning the Bundy case. Bundy was by no means caught till the professional testimony of Dr. Sauviron secured a conviction and subsequent execution. In the trial, photographic proof of the chew marks and Bundy’s tooth have been proven. The acetate of the chew mark was then positioned over the photograph of Bundy’s tooth leaving little question whose tooth had left the impression.

Nobody is for certain how many individuals Bundy killed between 1973 and 1978, however he was lastly convicted for the homicide of Lisa Levy of Florida. This was carried out due to the bites that have been discovered on her physique. Forensic chew mark evaluation confirmed past doubt that the impressions have been left by Bundy’s irregular tooth (Lotter, 2008).

There have been different instances have been males have been sadly convicted due to misguided chew mark identification proof. Ray Krone was jailed for ten years for a criminal offense he had not dedicated. A waitress, in Phoenix was murdered in 1991 and Krone was sentenced for her homicide. After DNA testing was completed, Krone was free and the true perpetrator was recognized. Forensic DNA was not obtainable on the time of the prosecution and solely a chew mark discovered on the sufferer’s breast related Krone to the homicide. Even although the proof was very weak, he was convicted due to the chew mark a forensic odontologist had stated matched the dentition of Krone. After an attraction, the tank prime the sufferer was sporting was re examined and salvia was discovered that didn’t belong to Krone (Unknown Author, 2008). In 1992, Roy Brown was convicted of stabbing, beating, biting and strangling a social employee in New York. The case rested on one piece of proof, a chew mark. An area dentist testified that they matched Brown’s tooth. He has been launched in January 2007. DNA testing has proved that the saliva left within the chew mark didn’t match Brown’s. Other inconsistencies have been that Brown has two lacking entrance tooth, however the professional testified that these might have been crammed by twisting the pores and skin (Santos, 2007).

Unfortunately there have been instances have been the prosecution used chew mark proof to safe convictions, even when the individual was harmless. With DNA and different proof turning into extra extensively out there, most instances have been overturned the place justice had not been served. Bite mark proof have to be used rigorously and the over zealousness of prosecutors in buying a conviction should not intrude with proof. In reality, in 1995 forensic odontologists have began to keep away from utilizing the time period ‘match’ to remove errors, since different proof must be produced along with chew marks (Santos, 2007). CSI results on most of the people has exaggerated the accurateness of chew mark proof. Bite mark proof can decide whether or not a topic may be excluded or whether or not the suspect could possibly be the one who inflicted the chew. More analysis is required since chew mark proof by itself doesn’t all the time produce conclusive outcomes.

Source by Sue Micallef

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