Epidermis and Enamel: Insights Into Gnawing Criticisms of Human Bitemark Evidence.

Critics describe forensic dentists' management of bitemark evidence as junk science with poor sensitivity and specificity and state that linkages to a biter are unfounded. Those vocal critics, supported by certain media, characterize odontologists' previous errors as egregious and petition government agencies to render bitemark evidence inadmissible. Odontologists acknowledge that some practitioners have made past mistakes. However, it does not logically follow that the errors of a few identify a systemic failure of bitemark analysis. Scrutiny of the contentious cases shows that most occurred 20 to 40 years ago. Since then, research has been ongoing and more conservative guidelines, standards, and terminology have been adopted so that past errors are no longer reflective of current safeguards. The authors recommend a comprehensive root analysis of problem cases to be used to determine all the factors that contributed to those previous problems. The legal community also shares responsibility for some of the past erroneous convictions. Currently, most proffered bitemark cases referred to odontologists do not reach courts because those forensic dentists dismiss them as unacceptable or insufficient for analysis. Most bitemark evidence cases have been properly managed by odontologists. Bitemark evidence and testimony remain relevant and have made significant contributions in the justice system.

Odontology as a forensic science, the North American experience.

This chapter discusses the North American situation, primarily that of the United States judicial system. The United States was established as neither a monarchy nor a theocracy. An unofficial motto of the country has always been - the rule of laws, not of men (or deities). The primary source of law in the United States is the US Constitution. However, each of the 50 states has as its primary source of law a state constitution. In order to become a state, that constitution must conform to US Constitution. In the United States the US Congress, consisting of duly elected Representatives and Senators from the 50 states draft and pass Acts that establish (or direct to be established by officers of the Executive Branch following prescribed administrative procedures) federal law. Each state too, has its own legislative bodies and process for making law. Each state also has its own system of courts. In order to discuss the role of the odontologist within these systems, a primer on how these systems function and interact is crucial. This article discusses the functioning of those systems in relation to the practice of forensic odontology.