Physical comparison of a suspect's teeth to a bite mark injury using hollow volume comparison overlays is a common forensic odontology technique. Several methods are used to record characteristics of the size, shape and position of the teeth and to generate overlays. These include computer-based, radiographic, xerographic and hand-traced methods. Five common overlay production methods were compared using digital images of dental study casts as a reference standard. Area of the biting edges of the anterior teeth and relative rotation of each anterior tooth were measured and compared. The computer-based production method was determined to be the most accurate of those studied. It produced accurate representations of the biting edges of the teeth in an objective manner. The radiographic method was determined to be more accurate than the xerographic method with respect to tooth area measurement. The opposite is true with respect to tooth rotation. Hand-traced methods, from either wax impressions of teeth or directly from study casts, were determined to be inaccurate and subjective. It is recommended that forensic odontologists discontinue the use of hand-traced overlays in bite mark comparison cases.
Several forensic sciences, especially of the pattern-matching kind, are increasingly seen to lack the scientific foundation needed to justify continuing admission as trial evidence. Indeed, several have been abolished in the recent past. A likely next candidate for elimination is bitemark identification. A number of DNA exonerations have occurred in recent years for individuals convicted based on erroneous bitemark identifications. Intense scientific and legal scrutiny has resulted. An important National Academies review found little scientific support for the field. The Texas Forensic Science Commission recently recommended a moratorium on the admission of bitemark expert testimony. The California Supreme Court has a case before it that could start a national dismantling of forensic odontology. This article describes the (legal) basis for the rise of bitemark identification and the (scientific) basis for its impending fall. The article explains the general logic of forensic identification, the claims of bitemark identification, and reviews relevant empirical research on bitemark identification—highlighting both the lack of research and the lack of support provided by what research does exist. The rise and possible fall of bitemark identification evidence has broader implications—highlighting the weak scientific culture of forensic science and the law's difficulty in evaluating and responding to unreliable and unscientific evidence.
Bitemark cases continue to raise controversy due to the degree of expert disagreement which is frequently seen. Using a case mix of 49 bitemark cases from 2000 to 2007 each injury was independently assessed for its forensic significance using a previously described bitemark severity scale. Following the assessment, the mean value for the bites was categorized according to the crime type, the degree of expert agreement, and the judicial outcome. Results suggest that bitemarks found in child abuse cases have statistically significantly lower forensic value than those in other crime types, that bites where there is mutual agreement between experts will have higher forensic value than those where there is disagreement at trial, and that cases in which DNA has provided an exoneration will demonstrate similar quality to those where a conviction was secured. Forensic odontologists should carefully assess bitemark evidence and ensure that it meets certain minimums in relation to the presence of class and unique features before undertaking an analysis.
The physical comparison of known (K) and questioned (Q) evidence samples is an accepted tool in numerous forensic identification disciplines (1). A subset of this process is the use of antemortem and postmortem dental radiographs to identify unidentified human remains. This method has been generally accepted for decades (2). The outcome is performed with a considerable degree of accuracy, due in part to a finite pool of possible candidates for identification derived via the NCIC database, passenger lists, and law enforcement Missing Persons reports. This paper describes a dental identification comparison protocol that incorporated digital imaging technology in this process. The computer was used to create digital exemplars of the K and Q evidence that were spatially and quantitatively compared (3). The digital mode allowed direct metric and morphologic comparison through the aid of a digital camera, desktop computer, monitor, and printer. The well-known computer program Adobe® Photoshop ® 5.0 (4) was used to process the digital information in two forensic cases described in this paper. It is a commercially available digital imaging editing program that is operated on laptop and desktop computers possessing sufficient chip speed and RAM (Pentium II or equivalent and at least 76MB RAM) to open the large-size files generated by high-resolution digital capture devices. This program accepts raster-based image formats (e.g. .JPG, .BMP). Photoshop® is noted for its diverse imaging functions, which allow the computer monitor to be used as a comparison microscope when Q and K sample images are tiled side-by-side and/or superimposed. Two and three-dimensional Q and K evidence samples can be individually digitized and then independently resized to allow two-dimensional comparison. The investigator also has the ability to create magnified images (200% to 300%) when the original digital image has been captured at near photoquality resolution (300 dpi). The visual comparison of physical features on the computer monitor permits a large field of view and robust digital control over image quality. Photographic measurement and enhancement features of Adobe® Photoshop® mimics and in some circumstances surpasses the historic use of conventional photographic manipulation in forensic casework. This paper presents two cases processed via routine forensic odontology identification protocols. These protocols had minimal results due to limitations described in the case histories. The additional application of digital methods proved useful in the ultimate identification of these human remains.
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