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BITE MARKS FROM THE CRIME SCENE- AN OVERVIEW

1 2 3 4 4

Beena VT Divya Gopinath Heera R Rajeev R Sivakumar R

1 2 3 4

Professor & Head, PG trainee Associate Prof, Assistant Prof.,

Dept. of Oral & Maxillofacial Pathology, Govt. Dental College, Trivandrum, Kerala.

Corresponding Author: V.T Beena, Prof & Head, Dept of Oral & Maxillofacial Pathology, GDC. Trivandrum, Ph:9847150407, Email : [email protected]

Introduction History

Forensic dentistry is the application of The contemporary history of bite marks is thought to have started with Sorup. In dental knowledge to those criminal and civil

1924, Sorup used transparent paper upon which laws that are enforced by police agencies in a

1

biting edges of a suspect's dentition were criminal justice system. Forensic dentists are

involved in assisting investigative agencies to rendered to compare with life size photographs 5

identify recovered human remains in addition to of a bite mark. The earliest bite mark case the identification of whole or fragmented documented by the U.S law is thought to be bodies; forensic dentists may also be asked to reported in 1870. Charged of murdering his assist in determining age, race, occupation, mistress, Ansil Robinson was acquitted despite previous dental history and socioeconomic the fact that evidence matching his teeth to a bite

6 status of unidentified human beings. mark on the victim's arm was presented. Identification is done by the comparison of

Human Bite marks as Forensic Evidence

antemortem and postmortem dental records

Human bite marks are most often and using the unique features visible on dental

found on the skin of victims, but they may be radiographs, including both those resulting

found on almost all parts of the human body. from dental treatment and those

Females are most often bitten on the breasts and 2

occurring naturally. Human bite marks is one

legs during sexual attacks, whereas bites on among the most violent crimes tried in the

males are commonly seen on the arms and criminal courts. Bites have been found in cases

shoulders. In defensive circumstances, as when of homicide, attempted suicide, sexual assault,

the arms are held up to ward off an attacker the 3

assault and child abuse. Bites can occur on both

arms and hands are often bitten. the victim and the suspect: teeth are used as

The appearance of a bite mark is weapon by the aggressor and in self defense by

4 dependent upon a number of different

the victim. Although they are only a small

variables, such as anatomical location (fat portion of most forensic dentists case load, bite

deposition, underlying hard tissue, skin marks represent the most challenging aspect of

thickness, elasticity, and vascularity), number of the discipline.

Abstract

In mortal combat situations, such as the violence associated with life and death struggles between assailants and victims, the teeth are often used as a weapon. Indeed, using the teeth to inflict serious injury on an attacker may be the only available defensive method for a victim. Alternatively, it is well known that assailants in sexual attacks, including sexual homicide, rape and child sexual abuse, often bite their victims as an expression of dominance, rage and animalistic behaviour. The teeth are a significant component of our natural arsenal. It is suspected that many dentists have seldom considered their patient's teeth as such effective weapons.

This article aims to address the forensic, physical, biological and psychological aspects of this important tool of evidence from the crime scene:-Bite marks

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teeth contacting the skin, amount of force, practice encourages odontologists to present direction and type of biting action, the biter's their results in a written report, adhering to strict occlusion and oral health, and whether the guidelines relating to wording and levels of

7

conclusion. victim was alive when the bite was inflicted. In

living victims, the effect of healing will alter the The central tenant of bitemark analysis appearance of a bitemark over time. is that each person has a unique dental Postmortem bites lack the classical erythema arrangement and that these unique features are and contusions found with antemortem bites. sufficiently replicated in a bitemark to identify

12 Bites can also be found on foodstuffs and less an individual to the exclusion of all others. The frequently on a variety of other materials such as debate over the uniqueness of human teeth is

8,9,10

chewing gum and paper towels. probably one of the most fierce in current

forensic dental discourse. An examination of Bites usually appear as oval or circular

the literature divulges the scientific evidence for contusions, bruises or abrasions. Sometimes

this commonly held belief. Before this indentations, lacerations or avulsions made by

examination, it is pertinent to separate the specific teeth are seen on the skin surface. In

dental uniqueness used in dental identifications most cases, bites have been identified with

from the uniqueness of human bite marks. molar teeth represented on the injury. A

double-Dental identifications use dental records and arched pattern is a common presentation of

1 1

radiographs in a systematic and well-validated human bites. Despite the described

method that has little to do with the features presentations in terms of location, appearance

examined during a bite mark analysis. There is and severity there are some basic features of

little question that the identification of an bites that can be used to identify them. The

individual based on their dental records is a initial identification of an injury as a bitemark is

sound, scientific, and reliable method of a prerequisite to the proper handling of the

13,14 11

identification. evidence.

The discussion about uniqueness of Bites can be created in a number of

dentition is incomplete without the reference of ways. They can be the result of direct contact

the study conducted by Rawson et al. Rawson et from the teeth, by the tissue being pressed

15

al in 1984 determined that the minimum against the teeth by the tongue, or by a scraping

number of positions that a tooth can occupy is action. Bites can occur singly, but are often

150 and the greatest 239.9. Using this premise, present at multiple sites or multiple bites at a

the article then stated that the probability of single location. Bite marks are therefore

finding two sets of dentition with all six teeth in complex injuries and their recognition and

13

interpretation of forensic significance relies the same position was 1.4x10 . With an 9 upon a thorough understanding of the assumed world population of 4 billion (4x10 ),

3

mechanisms involved. Bite injuries can Rawson stated that a match of five teeth on a establish that a suspect was in violent contact bite mark would be sufficient evidence to with the victim. Bites can also provide evidence positively identify an individual as biter to the that a suspect was present at a particular crime. exclusion of all others. The article claims that A bite on an abused child can indicate that other dentition is unique, however when the article is injuries may not be accidental. In order to ensure cited other authors often extend this conclusion that this type of evidence is retained, it is to incorporate it to the uniqueness of bite

important for odontologists to inform marks.

investigators about the proper recognition and But as such the question about bite

preservation of bitemark evidence. mark uniqueness remains unanswered till date.

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identify correctly biters from the bite marks, the resorption of this fluid will cause a large amount issue of bite mark uniqueness can be answered. of distortion. They concluded that the changes If it is quite clear that odontologists have a great in bite mark appearance are likely to be greater deal of difficulty in correctly identifying bite as the injury grows older.

marks, the question of uniqueness will become Human Bitemarks as Physical Evidence irrelevant.

Physical evidence is scattered around Not all marks on skin are caused by most of the crime scenes. This type of evidence

16

human bites. Many injuries can replicate the can yield significant information about the classical semi-circular appearance of a bite. nature and circumstances of a crime. Bite marks Cardiac defibrillators and electrocardiogram and tool marks are described as impression

1

monitors removed after a patient has died in an evidence in Saferstein's classification. Many of emergency room can leave bruises resembling the terms used in the discipline of toolmark or

17

the characteristics of a human bite. firearms examination can be applied to bite Accuracy of bite marks on human skin marks.

has been the most debated area in discussions The examination of physical evidence

of forensic significance. Skin is a poor by a forensic scientist is usually undertaken to registration material because it is highly variable identify its origin, and this is also true of bite in terms of anatomical location, underlying marks. The analysis regimen for bite marks is musculature, or fat, curvature, and looseness or broadly split into two main components. First is adherence to underlying tissues. Skin is highly the metric analysis that involves the visco-elastic, which allows stretching to occur measurement of specific traits and features. during either the biting process or when Secondly, the comparison of the configuration evidence is collected. In 1971, De Vore issued a and pattern of the bite injury to that of the preliminar y repor t describing studies suspect's teeth. This comparison is often

20

performed on the variability of bite marks referred to as pattern association. Specific 18

found on skin. The experiment involved the terms are used to describe the features or 21

inking of human skin (living volunteers) using a characteristics of patterned injuries. Three stamp with two concentrically placed circles main classification of characteristics exist:

2 1

with intersecting lines. Following the analysis of g ro ss, cl a ss a n d i n d iv i d ua l . G ro ss the photographs it was found that in all the cases characteristics are those that identify the general there was an expansion or shrinkage of the origin of the object. A semicircular injury with stamp, with a maximum linear expansion of central area of ecchymosis and small areas of

18

60% at one location. incision or bruising demonstrates the gross

In 1974, researchers from the characteristics of bite marks. Class

Bioengineering Unit of the University of characteristics can be defined as the properties Strathclyde examined the features of the biting of evidence that can only be associated with a

1 process likely to impact upon the appearance of group and never with a single source. Sweet

19

bite marks on human skin. They described the describes dental class characteristics as the differing characteristics of skin from a variety number and shape of individual teeth and the of anatomical locations; eg. Langer's Lines familial arched arrangement of teeth in upper which represents directional differences in the and lower jaws. Using measurements, a bite degree of extensibility of skin. Like DeVore, mark can be described as having been created by they emphasized the importance of body a child or an adult. Individualizing location during biting since the directional characteristics on teeth can be divided into two variations or tension lines will alter with main categories: developmental and acquired.

19

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restorations, fractures, occlusal adjustments, investigations. The relative simplicity of 7,22,23

physical comparisons is easily explained to juries and occlusal wear. These characteristics

compared to the seemingly esoteric nature of provide the odontologist with the necessary

DNA. DNA can sanitise an attack, while the use detail to enable a single person to be identified

of physical bitemark evidence can effectively as the biter. It should be remembered that some

demonstrate to a jury the violent and heinous dentitions are likely to be highly unique,

nature of a crime. Physical evidence is, and is exhibiting numerous individual characteristics

likely to remain a crucial part of bite mark while others, possibly in younger suspects, may

evidence. offer fewer individualizing features.

Human Bite marks as Psychological

Of importance in the final analysis is

evidence

the replication of these individual features in

the bitemark to an extent that they can be Recent advances in criminal profiling

compared to the suspect's teeth. have suggested that a third source of evidence

may be elucidated from bite marks, that of the

Human Bite marks as Biological Evidence

28

psychological profile of the biter. Research in In an attempt to address some of the

this area is limited to three articles, with further limitations of bite mark analysis regarding the

work required to determine the value and

uniqueness and reproducibility, researchers 29,30,31

validity of this source of evidence. Walter turned to biological evidence. The potential for

RA elaborated the psychological aspects of bite human bite marks to yield biological evidence

24 marks and in doing so, elucidated three

has been known for many years. Initially this

motivational dimensions: anger-impulsive evidence was limited to the blood typing of

25 biting, sadistic biting, and ego-cannibalistic

saliva stains using ABO antigen groups. Later, 29

biting. The anger-impulsive bite is said to often Sweet found that saliva deposited by a biter

result from frustration and incompetence in could be collected, using a double swab

dealing effectively with conflict situations on technique, and would yield DNA for forensic

26 the part of the perpetrator and is “governed by

analysis. Now, it is possible to retrieve and

time, location, situation, and type of anger.” analyze DNA from bites on victims who have

The sadistic bite is said to satisfy the need for been subjected to extreme environmental

27 power, domination, control, and omniscience.

conditions. The advent of the

polymerase-The ego-cannibalistic biter bites in an attempt chain reaction (PCR) technique has ensured that

to satisfy ego demands by annihilating, the DNA analysis will play an increasingly

consuming, and absorbing life essences from crucial role in the investigation of bite injuries. 29

the victim. DNA analysis avoids many of the pitfalls

Cur rent theories sug g est that associated with physical bitemark comparisons,

psychological techniques, such as personal but it does not represent a forensic panacea.

construct theory, may also be applied to this Contamination, degradation, expense, and

31,32

environmental assaults may restrict the use of aspect of bitemarks. In essence the theory DNA analysis. However, DNA analysis maintains, “If we want to understand other represents the most scientific, and defensible people, their thoughts, their feelings or their method of bite mark analysis currently available behaviour we have to know how these people 32

to the forensic investigator. allocate meaning to the things that happen”.

The emphasis is very much on individual The advent of salivary DNA analysis

perceptions of the world, such as how we as raises an important question-why investigate

individuals impose our personal constructions physical analysis when more discriminatory

on events in an attempt to make sense out of techniques are available? Despite the clear

them. It follows, therefore, that if we are able to advantage of salivary evidence, efforts are

elicit, examine, and explore what influences the required to promote further this method within

personal construct systems of offenders who the field. Physical bitemark evidence will always

have bitten, they should tell us something new p l ay a n i m p o r ta n t p a r t i n cri m i n a l

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33

9. Solheim T and Leidal TI, Scanning electron the behaviour we wish to understand. It

microscopy in the investigation of bite marks in should be noted that personal construct

foodstuffs. Forensic Sci,1975.6(3):205-15 psychology and the methodological techniques

contained therein have been employed with 10. Webster G, A suggested classification of bite offenders whose behavioural profile is most marks in foodstuffs in forensic dental analysis. Forensic likely to include biting behaviour, namely, Sci Int,1982.20(1):45-52.

violent offenders and sex offenders. It is

11. Sweet D, Human Bitemarks: Examination, worrying to note that despite the dearth of

recovery, and analysis., in Manual of Forensic validated studies in this area, psychological

Odontology, Bowers CM and Bell G.,Editors.1995, evidence have been presented in Courts.

Manticore: Ontario

Conclusion

12. Hale A, The admissibility of bite mark evidence. Analysis of bite mark evidence has been Southern Californian Law Review,1978.51(30):309-assisting the judiciary to answer crucial 34

questions about interactions between people at

13. Sweet D and Dizinno JA, Personal identification the scene of a crime for years. But currently,

through dental evidence-Tooth fragments to DNA. J there is no agreement among forensic

Calif Dent Assoc 1996, 1996.24(5):35-42. odontologists about the individuality

14. Pretty IA, Sweet D, The Scientific basis for human (uniqueness) of the dentition and on the

bitemark analyses - a critical review, Sci & Justice behaviour of human skin during and after

2001;41:85-92 biting. With the slow but rational enhancement

of techniques along scientific lines like the 15. Rawson RD, et al. Statistical evidence for the DNA analysis, bite mark evidence can reinforce individuality of the human dentition. J Forensic Sci

and expand its sound and logical basis. 1984;29:245-53

References 16. Sperry K and Campbell H, An elliptical incised

wound of the breast misinterpreted as a bite injury. J Forensic Sci,1999.45(4)

1. Saferstein R, Criminalistics: an introduction to

th 17. Grey TC, Defibrillator injury suggesting bitemark.

forensic science.9 edition, Upper Saddle River; NJ:

Am J Forensic Med Pathol,1989.10:144-5. Prentice Hall.2007

18. DeVore DT, Bitemarks for identification –A 2. Whittaker DK and Macdonald DG, A Colour

preliminary report. Med Sci Law.1971.11(3):144-5. Atlas of Forensic Dentistr y.1989, Ipswich:

19. Barbanel JC and Evans JH, Bitemarks in the Wolfe.1989

s k i n - m e c h a n i c a l f a c t o r s . J F o r e n s i c 3. Vale GL, Noguchi TT. Anatomical distribution

Sci.1974.14(3):235-8 of human bitemarks in a series of 67 cases. J Forensic

20. Sweet D, Identification of stains of human saliva Sci 1983; 28: 61-69.

using forensic DNA analysis. Doctoral thesis. 4. Furness JA, A general review of bite mark

Department of Forensic Medicine.1995,University of evidence. Am J Forensic Med Pathol,1981.2:49-52

Grananda: Spain 5. Strom F, Investigations of bitemarks. J Dent

21. Bonte W, Aspects of identification of tool marks in Res,1963.42(1)

stab injuries. Archive Kriminolgie,1972.149(3):77-96 6. Pierce LJ, Strickland D, and Smith ES, The case

22. Irons F, Steuterman MC and Brinkhous W, Two of Ohio Vs Robinson: an 1870 bitemark case. Am J

bitemarks on assailant. Primary link to homicide Forensic Med Pathol,1990.11(6):171-7

c o n v i c t i o n . A m J F o r e n s i c M e d 7. Vale GL, Dentistry, bite marks and investigation Pathol,1983,4(20):177-80.

of crime. J Calif Dent Assoc,1996.25(5):29-34

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24. Clift A and Lamont CM, Saliva in forensic 30. Walter RA, Anger biting-the hidden impulse. Am odontology. J Forensic Sci Soc.1974.14(3):241-5. J Forensic Med Pathol,1984.5(1):25-29.

25. Wang B, et al, Measurement of ABH blood group 31. Webb D A, Pretty I A, Sweet D. Bitemarks: a substances in human saliva by immunoassay using psychological approach. Proceedings of the American artificial antigens as standard substances. Nihon Academy of Forensic Sciences Reno, NV, February Hoigaku Zasshi , 1996.50(2):43-9 2000; 6: 147

26. Sweet D, et al, An improved method to recover 32. Fromm M. Difficulties of asking people what their saliva from human skin: The double swab technique. J constructs are.in Inaugral conference of the Forensic Sci,1997.42(2):320-2 ECPA.1992.York, England.

27. Sweet D and Shutler GG, Analysis of salivary 33. Winter D. Personal construct psychology in clinical DNA evidence from a bitemark on a body submerged in practice. London and New York: Routledge, 1992 water. J Forensic Sci, 2000.44(5):1069-72

28. Turvey B, Criminal Profiling; An introduction to Behavioural Evidence Analysis.1999,London: Academic Press

29. Walter RA, An examination of the psychological aspects of bitemarks. Am J Forensic Med Pathol,1985.6(30):219-21.

Source of Support - Nil

References

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