28 Forensic Anthropologist’s as an expert Witness

Introduction 

Forensic anthropology is best known as the branch of physical anthropology which is used to solve the criminal cases for legal issues. More broadly, it is the disciple which is used to apply the knowledge of physical anthropology as well as other fields of biology and physical sciences which are relevant to solve criminal cases or to identify a person /body for medico-legal purposes (Steward, 1978). The scope of the forensic anthropology with respect to identification has been widened. By virtue of their expertise in skeletal biology, forensic anthropologists may be called upon by law enforcement agencies, coroners, medical examiners, and forensic pathologists to assist in the recovery of human remains, conduct skeletal analyses for the purposes of identification, describe the nature and extent of skeletal trauma, and potentially provide expert testimony in a court of law. Forensic anthropological services are typically requested when human remains are decomposed, burnt, fragmentary, cremated, dismembered, fully skeletonized, or otherwise unidentifiable by visual means. Scenarios in which a forensic anthropologist may consult include burials, structural fires, explosions such as the bombing, mass graves, commercial and clandestine cremations, and mass fatality incidents (Steadman, 2008). More often forensic anthropologist is involved in identification of living but can work as an expert when a body is mutilated or found multiple skeletons at the scene of crime/disaster through their knowledge of human and non-human skeleton. Forensic anthropologists are now taking an important role in other forensic-legal matters like human rights, human migration, genocides etc.

Thus, one can say that a forensic anthropologist is the expert who applies the anthropological knowledge for medico-legal purposes. It may be in the form of identification of skeletal remains or identification through physical features i.e. somatoscopy or interviewing the families of deceased through the knowledge of socio-cultural dimensions.

Identification in Medico-Legal Process 

Identification is important for living as well as dead for medico-legal process. Forensic anthropological involvement in the medico -legal community begins with, and is based upon, an exhaustive case report including, as appropriate, documentation of the methods of identification, an accurate reconstruction of trauma that occurs at or around the time of death (Peri-mortem trauma) as well as after death (post- mortem trauma), and an estimate of the post-mortem interval, or time since death. If a case goes to trial, this report becomes the core of the forensic anthropologist’s testimony (Steadman, 2008). Thus, on one hand, an anthropologist plays a vital role in identification process, on the other hand, act as a forensic expert as a witness in a court room.

Modi, (1969) stated that beyond the elimination of nonhuman elements, the identification process undertakes to provide opinions regarding sex, age, race, stature and similar other characteristics of each individual involved as may lead to his/her recognition. Alphonse Bertillon, chief of the identification bureau of Paris, is best known for his development of the science of anthropology in which an individual is identified by means of his bodily measurements. In this system (which was introduced in 1882, identification is computably accomplished by a series of required bodily measure accomplished by a series of required bodily measurements, peculiar markings such as scars & personality characteristics. It consists –

a. Descriptive data – such color of hair, eyes, complexion, shape of nose, ears, chin etc.

b. Bodily marks – such as moles, scars, tattoo marks, occupation marks etc.

c. Bodily measurements – The are following:

i. Standing Height

ii. The sitting heath

iii. Length & breadth of head

iv. The length of right ear

v.  Span of the out-stretched arms

vi. Length of the left foot

vii. The length of the left foot

viii. The length of the left middle finger

ix. The length of left little finger

x. The length of the left forearm

xi. The length of the Hand

Purposes of Criminal investigation 

Here the basic question arises that, who is the culprit? Criminal investigation & then identification attempt to provide an answer.

The principal purpose of criminal investigation is to provide answers to certain questions relating to crime. These include –

– The identity of victim

– The exact place at which the offence occurred

– How the crime was committed & the means employed in its commission.

–  The time of attack

– The motion OR object of attack

–  The identity of the offender OR offenders.

Criminal investigation is employed also in the search for & interrogation of material witnesses who are able and willing to give competent and relevant testimony against the suspect or offender & in the reconstruction of facts connected with the crime in order.

Forensic Anthropologist as an expert Witness 

A)   Identification of Skeleton Remains

Nandy (2000) said that human bones have been under study in different parts of the world by different researchers, mainly the anatomists, physical Anthropology & physicians. All of them have taken considerable interest in the comparative analysis to determine their origin sex, age, stature, race etc. Bones, especially, the long bones, played in important role, right from the onset of medical revolution in understanding the physiological racial & ethnographic affinities besides providing the major forensic experts with the anatomical & compositional agenda. If a number of bones are recovered on the scene of crime, there is no difficulty to establish the source, but a single small bone may make the task difficult. Bones of domestic animals such as dogs, goats & pigs etc are usually mistaken as human bones. Entire or part of the skeleton received may of help for identifying the bone one should have through knowledge of human & comparative anatomy. Skeleton remnants received  as  forensic exhibits are of immense importance in the scientific investigation of crime. These may be discovered in varying conditions. The question of examination of skull or bone arises when the death of individual has occurred in the following conditions:

1. Natural
2. Accidental
3. Intentional.

In the first category, when the individual has died as a result of natural death. In the second category, when the death has resulted from some accident, viz. train accident, aero plane disaster, earthquake or any other natural calamities. In the third category where the death has been caused by some person intentionally by killing the individual or himself (homicide/suicide). The examination of the skeletal remains of this category has got more medico legal significance. When the bone or the skull, complete or fragments, are available at the scene of crime/burial ground, a number of salient questions must receive special consideration. These are:-

1. Whether the remains are of human or non-human origin?
2. If human, whether they are of male or female sex?
3. Do they represent one or more individuals/
4. The stature of the individual to whom the bones belong?
5. The age of the individual to whom the bones belong?
6. Probable time of death?
7. Whether the bones have been cut, sawn, burnt or gnawed by the animal?
8. What was the probable cause of death?

Forensic Anthropologist as an Expert in Criminal Investigation 

i)  Determination of Sex: Sex of the bone can be determined from such as skull, pelvis, femur, humerus, radius, ulna, tibia and fibula. It is determined from the distinguishing marks of the male & female bones determination is accurate in more than 90% cases in adult’s pelvis or skull. Certain measurements of humerus, radius, ulna, femur tibia & fibula are also helpful.

ii) One or More Individuals: To find out whether the bones recovered belong to one or more individuals, they are arranged in the order of a skeleton. If there is no duplication and the bones  fit with each other, they belong to one individual otherwise they come from more than one individual.

iii) Estimation of Stature – if the complete skeleton of the individual is available the total length of the skeleton is measured and about 1″- 1½” are added for the soft parts for calculating the approx. Stature. If only hands are available, then it is considered that the total length from the tip of middle finger of one hand to the same point of the same finger of the opposite hand, when the hands are fully stretched. If only one hand is available then it is multiplied by 2 and approx 6″ are added for one collar bone and multiplied by 2 about 1″-1½” are added for the sternum. It is possible to estimate stature of an individual from long bones by multiplying its maximum length by a multiplication factor with + 1½” – 2″. Multiplication factors are given by different authors with slight variation:-

iv) Determination of Age – The age may be determined with certain amount of accuracy from the presence of teeth in the mandible and maxilla and the extent of their wear, cement deposit, closing and resorption of teeth, roots and transparency of teeth, as also from the formation of the centre of ossification the junction of epiphyses with diaphysis, fusion of sutures (synosteosis) in the skull. Evidence of osteoporosis, osteoarthritis changes, and calcification of laryngeal and coastal cartilages suggests that it must be of an old person. Haversian canal of the bone changes from childhood to adulthood.

iv) Time of death – It is extremely difficult to determine the precise death of the individual by examining bones but a guess may be made on the basis of the existence of fractures, odour and condition of soft parts and ligaments etc. attached to them. In case of facture the bone is dissected and examined for callus. In recent death the odour emitted by the bones will be quite characteristics and offensive.

v) Examination of Bones : Ends of the long bones should be carefully examined to find out if they have been cut by sharp weapons or sawn or gnawed through by animals and medulla eaten away. Nutrient canal is examined for the presence of red arsenic or some other stains to ascertain if the bones came from dissecting room of Medical college or laboratory.

vi) Identification through Superimposition: Identity of deceased person is possible by superimposition technique if the skull of the deceased and the life size photo graph (identification photograph) of the suspected victim is made available. Negative of the identification photograph is prepared by marking certain anatomical landmarks. Negative of the  skull is also prepared by marking the similar landmarks. The two negatives are then superimposed and a positive print is prepared. If the positions of eyes, nose, ears, and chins correspond, then it is identical. In case of non-identity the various positions differ. In order to  confirm or rectify the result the negative of identify photo is placed under the glass of camera and the skull is set in position to coincide with it. It is then photographed and the two negatives are superimposed and developed. The same result is found as it is clear that the skull did belong to the persons whose identity photograph we possess (Pickering et al, 1996).

B)  Identification on Living

Alphonse Bertillon, chief of the identification bureau of Paris, is best known for his development of the science of anthropology in which an individual is identified by means of his bodily measurements. In this system (which was introduced in 1882, identification is computably accomplished by a series of required bodily measure accomplished by a series of required bodily measurements, peculiar markings such as scars & personality characteristics (Bertillon, 1885).

1.      Anthropometry

2.      Somatoscopy

3.      Finger Prints

4.      Hair

5.      Blood

6.      Handwriting

7.      Teeth

8.      Voice, Gait and Mannerism

9.      DNA

10.  Bodily Marks

Anthropometry: Identification can be done by taking the following measurements: Standing Height, the sitting height, length & breadth of head, the length of right ear, span of the out-stretched arms, length of the left foot, the length of the left foot, the length of the left middle finger, the length of left little finger, the length of the left forearm, the length of the hand.

Somatoscopy: It includes the observation on living such as hair, eyes, complexion, shape of nose, ears, chin etc.

Finger Prints: Finger prints are impressions of unique patterns formed by the papillary ridges on fingers, which are helpful in identification. These are inherent characteristics of an individual, through which one can be identified from another. The finger prints are capable infinite variation so that no two fingers are found same. Latent prints: a latent print is an invisible or barely visible impression of finger print left on a smooth surface. This may be developed by dusting the area with coloured powders to provide a contrast and its pattern is recorded by photography. It can be examined by oblique lighting. As with the technological advancements, fluorescent powder and UV lights on multi-colored or dark surfaces, magnetic powder on shiny surfaces or plastic baggies or containers cam be used for latent print.

Hair: To identify a person race, sex, age, blood groups, and type of injury or DNA etc. can be determined from hair in living as well as dead.

Blood: From blood sample, blood groups system detection and DNA can be determined to identify a person or suspect.

Handwriting: Handwriting is a skill that is personal to individual. The relation of character, shape and the styles of writing are visually different from one to another. Handwriting identification is a process to identify or verify the writer of a handwriting document. Writer identification is the process of identifying the author from a group of writers. On the other hand writer verification is the task of determining whether two handwriting samples were written by the same or by different writers.

Teeth: The special feature in the teeth (torttion, angulation, staining, cracks, caries, sealing, etc) and bony deformities, healed fractures etc may serve as special identification features (Nandy, 2010).

Voice, Gait and Mannerism: Voice of a person, gait and mannerism are different in every individual. So, also these can serve a means of identification.

Bodily Marks: Identification can be done through moles, scars, tattoo marks, birthmarks, dimple, bite marks, deformities, and occupational marks etc.

Forensic Anthropologist as an Investigator 

The goal of the forensic anthropologist is same as the medical expert or the forensic scientist. A forensic anthropologist seeking to provide a thorough description, achieve a personal identification and give opinion about the circumstances of death. The anthropologist collects and document all associated physical evidence and see that it is transferred to the appropriate analyst. In effect, the work of the anthropologist overlaps the work of both the crime scene investigator and the medical-examiner. The specific anthropologist for the case is dictated by the circumstances of the cases and the material to be examined.

a)  An anthropologist  with osteological knowledge  can  maximize  the  information gained  from skeletonized human remains.

b) An anthropologist with archaeological knowledge training can optimize the recovery of buried evidence from a crime scene.

c)  An anthropologist with socio-cultural knowledge may interface more effectively with families and facilitate interviews, particularly in multi-cultural circumstances.

Overall, it can be said that forensic anthropologist is one of important investigator to solve the criminal cases or to identify the suspected/deceased. There are three major stages of investigation in atypical cases:

1)      Collection of verbal evidence- Generally done by police but anthropologist can be called upon.

2)      Collection of physical evidence- Can be done by forensic scientist or anthropologist.

3)      Analysis of evidence- Can be carried out by any forensic expert.

Thus, forensic anthropologist becomes involved in the entire process of interviewing, searching records and gathering physical evidences. This is when socio-cultural knowledge applies in practical aspects. This practice is helpful to expand the definition of “forensic anthropologist” to include all anthropologists who apply their knowledge to legal issues, not just the physical anthropologists.

Summary

Forensic anthropology is best known as the branch of physical anthropology which is used to solve the criminal cases for legal issues. A forensic anthropologist is the expert who applies the anthropological knowledge for medico-legal purposes. It may be in the form of identification of skeletal remains or identification through physical features i.e. somatoscopy or interviewing the families of deceased through the knowledge of socio-cultural dimensions. Identification is important for living as well as dead for criminal investigation. The process of Criminal investigation takes place through identification and attempt to provide an answer to solve the case. The principal purpose of criminal investigation is to provide answers to certain questions relating to crime. These include – The identity of victim, the exact place at which the offence occurred , How the crime was committed & the means employed in its commission, the time of attack, the motion OR object of attack, the identity of the offender OR offenders. Criminal investigation is employed also in the search for & interrogation of material witnesses who are able and willing to give competent and relevant testimony against the suspect or offender & in the reconstruction of facts connected with the crime in order. A forensic anthropologist seeking to provide a thorough description, achieve a personal identification and give opinion about the circumstances of death. The anthropologist collects and document all associated physical evidence and see that it is transferred to the appropriate analyst. In effect, the work of the anthropologist overlaps the work of both the crime scene investigator and the medical-examiner. The specific anthropologist for the case is dictated by the circumstances of the cases and the material to be examined.