OVERVIEW

Bike Mark Analysis – problems, pitfalls and false expectations

A very interesting and informative session. The speaker had some very unusual stories of bite marks as you would expect and gave us some interesting and helpful information to bear in mind when out in the field!

Dentitions are mostly unique but bite marks are not skin is a poor impression material as it is both elastic and dynamic. The problem here is postural distortion of the bite mark, for instance if the bite mark is over an area, which can be moved anatomically i.e. the neck, then the bite mark can be either shortened or lengthened as the head is turned. It is therefore helpful to document the bite mark in the position the bite occurred. Photography of a bite mark has its problems as we can only record a 2D image of a 3D subject. With a 2D you get postural distortion and a 3D camera costs $15,000 to recalibrate let alone how much it costs to purchase.

Photograph of the bite while the indentations are still evident is very useful.

Bite mark evidence is not considered a science although some Forensic Odontologists and the legal profession would like it to be so, as it would stand up in court more readily. This has lead to the computerisation of the ‘old’ overlay method which involved a tracing of the plaster cast taken of the suspects’ teeth and ‘overlaid’ on to the photograph of the bite mark in question. The computerisation of the overlay method stands up in court, as the juries love it (fancy science). This method is by no means more accurate!

Impossible to differentiate most bite marks on skin, many young people have had orthodontic work making teeth similar looking, some dentition’s may be unique (i.e.: prominent incisors) and therefore make ownership of a bite mark relatively easy (for an expert!). Bite mark examination may be used successfully by an expert to exclude or include a suspect by using arch width and length. Broken skin makes accurate identity more difficult.

Technique for optimal photography of bite marks

• Good lighting
• Measurements perpendicular to injury
• Use 2 sided scale (American Board of Forensic Odontology ABFO No 2)
• Swab for DNA ASAP
• Photograph patient in position they were in when bite occurred
• Photograph as soon as possible after incident and each day for 4 days
• Time is of the essence!

• To exclude a suspect ie adult accused but actually a child’s bite
• Very rarely used to determine the biter unless they have a very unusual rare dentition and bite mark is very clear

Notes by Bryney Morphet and Deb Colbert.

• Paper presented in the current political climate of the Australian Federal Govt intervention in NT , in response to the Wild & Anderson ‘ Little Children are Sacred’ report, tabled on 15th June 2007
• Wild and Anderson presented 97 recommendations in their conclusion that have not been taken up, but the report has evoked an urgent response by Federal and NT governments.
• Scraping of permit system to lands and changes in welfare and employment systems of concern, as is the use of police and army suggesting a ‘new paternalism’
• new Federal Act treats people and communities in a racially discriminate way without it being the positive discrimination allowed under the Antidiscrimination Act
• alcohol bans shift the problem
• re-offending and victimization occur while awaiting legal processes,
• problem of juvenile offenders
• only 6 month strategy, whereas years are required
• previous under-spend of allocated funding
• In Wild & Anderson study and the NSW Govt study, the Hollow Water Project (HWP) was considered favourably.
• HWP going for 30 yrs
• Area in Manitoba, near Lake Winnipeg – high proportion of indigenous Canadians in which 75 % of the community reported being victim/survivors of sexual abuse.
• Victims and victimizers within the one community
• Community got together with white and indigenous members; professional and non-professional
• Development of a Community Holistic Circle Healing Process
• Involves community in a circle sentencing or restorative justice approach – exacting of the victimizer and back-up or resort to the mainstream policing model available at all points.
• The following ‘circles’ or steps occur:
  1. Disclosure – assessment team (including police)
  2. Establish safety for the victim
  3. confront the victim – involves a threat of legal processes and an option re circle process
  4. Support the parent/spouse
  5. Support the wider family and community
  6. Community Holistic Circle Healing team meet with the Royal Canadian Mounted Police and the Crown Prosecutor
  7. Circles with victimizer in which admission and disclosure of other victims are expected; weekly therapeutic services
  8. Circles with victim and victimizer
  9. Prepare victim’s family
  10. Prepare victimiser’s family
  11. Special sentencing circle – involves apologies, forgiveness and contracts, and ritualized closing
  12. Sentencing review – may occur repeated at 6 month intervals from 2 to 5 years.
  13. Cleansing ceremony in which victimizer is reintegrated into community

  Community does not give up on offender

  3 cases of recidivism in 30 yrs

  Needs more funding and injection of human resources as people and professionals wear out.

  Future activities – a Healing Lodge (ie more actual infrastructure to work from)

  Links to professional and community training

  Built capacity of women

  CLEARLY APPLICATION OF A SIMILAR MODEL TO THE AUSTRALIAN INDIGENOUS CONTEXT.

  Notes by Dr Charlotte Palmer