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Luc Bernier

 Developing a general demographic profile  Ancestry  Sex  Age  Stature  General ID- not individual ID Individual Biology/Identification  Match unique features of „unknown‟ body/skeleton with characteristics of „known‟ missing person o Not enough to give police just general demographic ID; for reasons of use in court and legal importance etc., such as impact on the will of the person and spouse of person, if the spouse wants to remarry, emotional.  Importance: o Legal o Emotional o Investigative (many victims know their killer, therefore by knowing the ID of the person, you have a much better chance of knowing the perpetrator)  Matching Missing Persons and Unidentified Remains  NCIC (USA)- National Crime Information Center o Run by FBI  CPIC (Canada)- Canadian Police Information Center o Not as centralized in the info they provide o Need to go to individual Provincial agencies to get the type of detailed info that the NCIC provides  Standard data entry  Computer recognized points of similarity  Assigns point value to matching criteria (age, sex, date missing, etc…)  NCIC (USA)  Dec 2010 o 85, 820 active missing person records o 45%- <18 yrs o 12%- 18-20 yrs  *large chunk are young children or young adults missing in the US o 7539 active Unidentified Persons records o 78%- deceased, unidentified bodies (vast majority of these 7539 cases)  Canada  No centralized database  Each province has statistics  Saskatoon- 10* Unidentified Human Remains  Ontario- ~107* (OPP Missing Persons and Unidentified Bodies Unit)  BC- ~ 40* Fingerprints  If you are on record and hove soft tissue you can use fingerprints  Tattoos could also contribute to identification if the soft tissue is present Factors Influencing ID  Must be reported missing  Lifestyle: o High personal contact, regular routines= increased chances of ID o Transient, no fixed address= decreased chances of ID  Availability of good antimortem records for comparison: o Dental records o X-rays/CT scans o Medical records o Photos Methods- Dental Identification  Often used in mass disasters  Need dental records of the potential missing person  Done by a forensic odontologist (specialist) Each dentition is unique…  160 surfaces  restorations (fillings, crowns, bridges, etc)  tooth orientation/wear Identification  The odontologist will record… o Missing (antimortem) o Decayed o Filled (silver amalgams) Problems with Dental ID  X-Rays are difficult to obtain  Never visited/changed dentists  Records only kept ~7 years after last visit (dentist not required to keep them longer)  State of preservation of the teeth and jaw itself, also becomes a factor Prior Medical Treatment *any metal piece put into your body should have a serial number on it  trauma, surgical procedures, disease  Bone fractures, hip dislocations, etc  Need prior medical records or other evidence Thursday, March 1, 2012 Positive ID of Human Remains  Distinction between personal and positive identification (last class info)  Positive ID carries legal meaning Thursday, March 1, 2012 Positive ID of Human Remains  Distinction between personal and positive identification (last class info)  Positive ID carries legal meaning  Rules of evidence  Rules that govern anything that can get introduced into court  Allegations brought before the „Trier of Fact‟ in provable fact o Only talk about things that we can prove  They outline if, how, and for what purpose ;proof‟ is entered into evidence  Includes rules for: o Expert witness  Qualifications  Testimony o Physical evidence o ID  Frye Standard  Frye test also refered to as  Any principle, method, evidence, etc, has to be generally recognized by experts and the scientific community  Trial court were the gate keeper whether this was admissible or not in court (left it up to the jury to decide)  Took place of Frye standard was the US federal Rules of Evidence Rule 702 (left it up to the judge instead of the jury to decide of this evidence and option is reliable and relevant  Expert testimony; defined as an interpretation or someone‟s opinion and forms part of the case; it has to derive from the scientific method  Has to be falsifiable and repeatable  Known error/accuracy rate  Standardized  Daubert Standard  Refers to the case where rule 702 was tested  The “Daubert Challenge” (refers to this specific case) o 2002:US of A versus Plaza, Acosta and Rodrigues  fingerprint evidence inadmissible  Mohan Ruling (Canada) o Psychiatric evidence rejected  Naming of traits was not scientific and not admissible on the grounds within the case  Kumho Ruling  Apply a Daubert standard to those who are not experts ? Expert Witness Testimony  Expert versus non-expert witness o Qualification o Observation versus interpretation  Expert witness can render an opinion and has to be qualified in every case  The judge (as the gatekeeper) decides after questioning if you are qualified to be an expert for that case and, and that case only  Identification o Interpretation of data o Expert witness testimony o Subject to Daubert challenges  Methods and opinion Identification Theory  What is an ID? o Comparison  Post mortem (remains) to antemortem (records/samples)  Looking for individualizing elements Positive ID  Positive ID o Match and exclusionary evidence o Otherwise ID is presumptive/tentative  Strength of Match o Uniqueness -unique features include fingerprints, DNA  How unique are ;unique features?  Population stats  Relevant population  Independent versus dependent traits  What occurs by itself  What traits are likely to co-occur (like parry fractures and facial fractures Natural Variation  Lack of unique identifiers  No soft tissue/DNA  No healed trauma  No pathological conditions  No teeth- ante or post mortem *NATURAL VARIATON Frontal Sinus method  Strictly for Positive ID!! o Passed Daubert test Cranial Suture Method  Cranial sutures o Uniqueness demonstrated o Component line frequency  Shape  Number  Density  Slope  Known accuracy and precision rates o Quantifiable  Using probability rates helps in this whole process Court Rulings  Daubert Ruling o Biggest in the U.S.  ID theory  ID  Anthropological methods Facial reconstruction (3D)  Use actual cranium and make a case  Limitations: o Not adequate for a positive ID*  There is a statistical impossibility that this could be anyone else (positive ID) o Degree of subjectivity still (making decisions about lip shape eye color, etc. o Can be used to exclude unidentified individuals o Can be used as a stimulus for recollection 2D Facial Reconstruction:  a couple w
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