NCJ Number
136689
Journal
Criminal Law Bulletin Volume: 28 Issue: 3 Dated: (May-June 1992) Pages: 276-284
Date Published
1992
Length
9 pages
Annotation
This article reviews issues in the use of forensic dentistry to establish the identity of a homicide victim and to connect a defendant with a crime by means of bite-mark analysis.
Abstract
Dental identification is based on the assumption that each person's dentition is unique. The identification involves a comparison of antemortem records and postmortem findings to determine points of identity. The courts have accepted dental identification as a means of establishing the identity of a homicide victim. Bite-mark analysis is a relatively new method of establishing a connection between a defendant and a crime. Bite marks occur primarily in sex-related crimes, child abuse cases, and offenses that involve physical altercations. Bite-mark comparisons are based on the same principle as the identification of a deceased person. Bite-mark identification, however, depends not only on the uniqueness of each person's dentition, but also on whether there is a sufficient representation of that uniqueness in the mark found on the skin or other inanimate object. Courts may judicially notice the general validity of bite-mark evidence. Judicial notice, however, does not extend to the validity of an identification in a particular case. Defendants have challenged the admissibility of bite-mark evidence on the grounds that compelling them to submit to a dental examination is unconstitutional. Challenges have been resolved against the defendants in these cases. 62 footnotes