2015/02/25

The Washington Post February 20, 2015: The path forward on bite mark matching — and the rearview mirror

The 2009 National Academy of Sciences report that was highly critical of the way forensics is used in the courtroom was entitled “A Path Forward.” The words expressed the hope of the report’s authors that it would serve as a catalyst to spur scientific testing of forensic specialties, more vigorous policing of what expert witnesses say on the stand and the development of uniform standards and procedures, all pointing toward an ultimate goal of preventing more wrongful convictions caused by unsupported expert testimony.

Reform, of course, is a long process, but in the field of bite mark matching — which again was the forensics specialty the NAS report singled out for some of its harshest criticism — the “path forward” looks to be obstructed. That’s probably because with bite mark matching, the debate isn’t just about adopting better standards or practices, but also about whether the field should exist at all.

“Most people in forensic odontology are practicing dentists, or academics. They don’t make their living doing bite mark analysis,” says Michael Saks, an Arizona State University law professor who studies the role of science in criminal law. “They do it on the side. Many of these cases involve sex crimes and crimes against children. So they see themselves as avenging angels. They’re protecting the weak. They’re putting away the bad guys. Then along come critics like Michael Bowers or the Bushes, calling their good work into question. You can see why they’d be angry, even though Bowers and the Bushes are right.” more