Forensic Human Identification. An Introduction

500 Pages·2006·51.752 MB·English

by  Tim Thompson, Sue Black

FFOORREENNSSIICC
HHUUMMAANN
IIDDEENNTTIIFFIICCAATTIIOONN
An Introduction
© 2007 by Taylor & Francis Group, LLC
FFOORREENNSSIICC
HHUUMMAANN
IIDDEENNTTIIFFIICCAATTIIOONN
An Introduction
Edited by
Tim Thompson and Sue Black
BAHID
British Association for Human Identification
Boca Raton London New York
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Library of Congress Cataloging-in-Publication Data
Forensic human identification / [edited by] Timothy Thompson, Susan Black.
p. cm.
Includes bibliographical references and index.
ISBN 0-8493-3954-5 (alk. paper)
1. Identification. 2. Dead--Identification. 3. Forensic pathology. I. Thompson, Timothy (Timothy J.
U.) II. Black, Sue M.
RA1055.F67 2006
614’.1--dc22 2006048966
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© 2007 by Taylor & Francis Group, LLC
Foreword
The British Association for Human Identification (BAHID) held its first scientific meeting
at Glasgow University in October of 2001. As it now approaches its fifth birthday, it has
grown to more than 500 members with a respected and recognized academic profile. The
individual interests of the membership encompass a wide variety of disciplines within this
multifaceted area, and one of the strengths of the association has been the introduction
of members to each other’s areas of expertise at the scientific sessions. It was believed that
an introductory textbook would be pertinent, especially as more than 20 percent of the
members are undergraduate or postgraduate students.
The text does not claim to be a definitive reference on identification but rather seeks
to introduce the reader to a number of the different specialties that operate under the
umbrella of human identification. It does not cover every single aspect of the subject but
draws upon the specific expertise within the association and aims to provide an introduction
— primarily to the student, but also to others interested in unfamiliar areas.
The text has been separated into two parts. The first considers biological indicators
and methods of determination in 21 chapters broken down into wider headings including
biomolecular information, identification from prints and tissues, facial reconstruction,
and personal effects. The second part considers the context and significance of biological
human identification. It culminates in three case studies that exemplify the value of the
identification process in criminal and humanitarian arenas.
In recent years, the headlines have been dominated by disasters such as the Asian
tsunami and the London tube bombings, so that never before has biological human
identification been more relevant. It is a pleasure, as president of BAHID, to highly
recommend this book as an introduction and to thank the participants who have willingly
contributed so much of their time and energies to this project.
Louise Scheuer
President, British Association for Human Identification
© 2007 by Taylor & Francis Group, LLC
Editors
Tim Thompson is a lecturer in forensic anthropology at the University of Dundee, Scotland.
He holds a Bachelor of Science (Honors) degree in archaeological science and geography,
a Master of Science degree in forensic anthropology, a postgraduate certificate in higher
education and a Doctor of Philosophy degree in forensic anthropology. He has been a
practicing forensic anthropologist since 2000 in both the U.K. and abroad for the Foreign
and Commonwealth Office (FCO), British police forces, and private clients. He is
membership secretary for the British Association for Human Identification, a registered
practitioner with the Council for the Registration of Forensic Practitioners, an accredited
member of the Forensic Science Society, and a listed expert on the National Centre for
Policing Excellence database.
Currently Dr. Thompson’s main research interests include the examination of heat-
induced changes in bone; improving methods of human identification; the legal, ethical,
and social ramifications of forensic anthropology; forensic anthropology and education;
and the management of mass fatality incidents. He has published many papers on these
topics, and peer reviews articles for several leading forensic journals.
Sue Black, head of anatomy and forensic anthropology at the University of Dundee, is a
founding director of the Centre for International Forensic Assistance. She holds a Bachelor
of Science (Honors) degree and a doctorate in Human Anatomy. She also holds an honorary
Doctor of Science degree in recognition of services to forensic anthropology and is a Fellow
of the Royal Society of Edinburgh. Prof. Black has more than 20 years of experience in the
national and international field of forensic anthropology and human identification, and
has given evidence in criminal and coroner’s courts in the U.K., Europe, and U.S. In her
professional capacity as a forensic anthropologist, she has assisted the British government,
various European and foreign governments, national and international police forces,
military investigators, the U.N., and the FBI. She is lead assessor for forensic anthropology
and a registered practitioner for the Council for the Registration of Forensic Practitioners,
founder member for the British Association for Human Identification, and a registered
expert with the National Centre for Policing Excellence. She was awarded the Order of the
British Empire in February of 2002 for services to forensic anthropology in Kosovo.
Professor Black has published many academic papers and is coauthor of the award-winning
text Developmental Juvenile Osteology.
© 2007 by Taylor & Francis Group, LLC
Contributors
Sue Black Sibte Hadi
Anatomy and Forensic Anthropology Department of Forensic and Investigative Science
College of Life Sciences University of Central Lancashire
University of Dundee Preston, U.K.
Dundee, U.K.
James H. Hardy
Teri Blythe
Dental Centre, Minley
Identification and Reconstruction Department Gibraltar Barracks, Blackwater
National Missing Persons Helpline Camberley, U.K.
London, U.K.
Ian Hill
Dave Charlton
Department of Aviation Pathology
Scientific Support Unit RAF Centre of Aviation Medicine
Leicestershire Constabulary Henlow, U.K.
St John’s, Enderby
Leicester, U.K. Emily Hines
Association of Forensic Radiographers
James Clarkson
London, U.K.
Ninewells Hospital
Dundee, U.K. George J.R. Maat
Barge’s Anthropologica
John Daugman
Department of Anatomy
Computer Laboratory
Leiden University Medical Center
University of Cambridge
Leiden, The Netherlands
Cambridge, U.K.
Gaille MacKinnon
Vivianne Galloway
Independent Forensic Anthropologist
Scientific Support Unit
Banffshire, U.K.
Leicestershire Constabulary
St John’s, Enderby Wolfram Meier-Augenstein
Leicester, U.K.
Environment and Engineering Research Centre
M. Thomas P. Gilbert School of Civil Engineering
Queens University Belfast
Center for Ancient Genetics
Belfast, U.K.
Niels Bohr Institute
University of Copenhagen
Lynn Meijerman
Copenhagen, Denmark
Department of Anatomy and Embryology
William Goodwin Leiden University Medical Center
Department of Forensic and Investigative Science Leiden, The Netherlands
University of Central Lancashire
Christopher Milroy
Preston, U.K.
Department of Forensic Pathology
Michael G. Grant University of Sheffield
Plymouth Marine Laboratory The Medico-Legal Centre
Plymouth, U.K. Sheffield, U.K.
© 2007 by Taylor & Francis Group, LLC
x Forensic Human Identification
Amy Z. Mundorff Philip Sincock
Department of Archaeology Devon and Cornwall Police
Simon Fraser University Dorchester, U.K.
Burnaby, British Columbia
Iain Henry Stewart
Terry Napier LGC-Questioned Documents Section
Napier Associates Teddington, U.K.
York, U.K.
Kari Takamaa
Will O’Reilly Department of Forensic Medicine
Operation Minstead Helsinki, Finland
Kent, U.K.
Andrew Thean
Geoffrey Oxlee Institute of Applied Physics
Kalagate Imagery Bureau Netherlands Organisation for Applied Research
Cambridgeshire, U.K. The Netherlands
Alan Puxley Tim Thompson
Kenyon International Emergency Services Anatomy and Forensic Anthropology
Bracknell, U.K. College of Life Sciences
University of Dundee
Helena Ranta
Dundee, U.K.
Department of Forensic Medicine
Helsinki, Finland Cornelis van der Lugt
Politieacademie
Catherine Rock
Apeldoorn, The Netherlands
Association of Forensic Radiographers
London, U.K. Wesley Vernon
Sheffield Podiatry Service
Guy N. Rutty
Sheffield, U.K.
Department of Cancer Studies and
Molecular Medicine Mark Viner
Leicester Royal Infirmary Association of Forensic Radiographers and
Leicester, U.K. St. Bartholomew’s and the Royal London Hospitals
London, U.K.
Maureen Schaefer
Anatomy and Forensic Anthropology Caroline Wilkinson
College of Life Sciences Anatomy and Forensic Anthropology
University of Dundee College of Life Sciences
Dundee, U.K. University of Dundee
Dundee, U.K.
Louise Scheuer
Anatomy and Forensic Anthropology Andrew S. Wilson
College of Life Sciences Department of Archaeological Sciences
University of Dundee University of Bradford
Dundee, U.K. Bradford, Yorkshire, U.K.
Natasha Semmens Sophie Woodforde
Department of Law Identification and Reconstruction Department
University of Sheffield National Missing Persons Helpline
Sheffield, U.K. London, U.K.
© 2007 by Taylor & Francis Group, LLC
Introduction
Identity
In philosophy, “identity” is whatever makes an entity definable and recognizable, in terms
of possessing a set of qualities or characteristics that distinguish it from entities of a different
type. “Identification,” therefore, is the act of establishing that identity. In the 17th century,
John Locke proposed his tabula rasa (blank slate) philosophy, which concluded that the
newborn child is without identity and that it is entirely defined by society and circumstances
after birth. While this may have some basis for discussion in the worlds of metaphysics,
psychology, and social anthropology it has restricted relevance in the worlds of disaster-victim
identification, biometrics, and forensic science. It is, however, true to say that, although
many of our parameters of biological identity may be acquired after birth (tattoos, trauma,
disease, dental intervention, etc.), many are biologically inherent and established in the
period between conception and birth (DNA profile, sex, fingerprints, blood group, etc.).
The United Nations Convention on the Rights of the Child is the only international
convention that addresses the subject of identity as a fundamental human right by pro-
claiming that childhood is entitled to special care and assistance. There is no equivalent
international article relating to the adult and therefore these rights pertain only until the
age of 18 years or when the child is deemed to have attained majority. Articles 7 and 8 of
the Convention explicitly refer to the child’s right to an identity. Article 7 of the Convention
establishes that, from birth, every child has the right to a name and to have that individuality
recognized. Article 8 emphasizes the preservation of that identity and the fundamental
importance of preserving that name, nationality, and family belonging.
The right to an identity is largely defined as the “existential interest of each person in
not seeing the external or social projection of his or her personality upset, denaturalized,
or denied.” Yet the notion of human “identity” is a somewhat abstract and ephemeral
concept that relies upon philosophy and psychology for its interpretation and implies the
existence of a private space or lebensraum for each person regarding attitudes, actions,
and beliefs. As such, we live under the somewhat misguided conception that each and
every one of us is unique, although identical twins and doppelgangers highlight some
obvious inconsistencies in this approach.
Further, the conundrum of mistaken identity and identity theft has fascinated humanity
and formed the cornerstone of many aspects of literature, film, television, and criminal reality.
Shakespeare, Gilbert and Sullivan, and Dumas are among the many literary masters who
have entertained audiences with the well tried formula of identity deception, investigation,
and ultimate moral satisfaction achieved through exposure and justice. Yet, by its very nature,
misappropriation of identity is a crime that may require forensic assistance to reach a
resolution and, in such a situation, scientific verification generally assumes central relevance.
© 2007 by Taylor & Francis Group, LLC
xii Forensic Human Identification
Human Identification
We live in a society where personal and national security is ever more prominent on our
agendas, and so we require more stringent and reliable measures to verify and secure our
identities. Although, in Dumas’ world of Martin Guerre, identity was finally established
through trickery and confession, in today’s world a simple DNA comparison with his son
(Sanxi) would have solved the problem beyond all reasonable doubt. Biological indicators
of identity harness the composite “uniqueness” of our bodies to provide signatures that
can confirm our legitimacy with reasonable certainty and, by natural extension, confirm
the provenance of our physical remains in the event of death. Maintaining and protecting
the integrity of our identity has reached levels of unprecedented importance and has led
to international legislation designed to protect our human rights. However, we rather
confusingly also retain the rights to multiple identities (e.g., as performers do) and to
change our identity (e.g., security personnel) and so the concept of assigning one single
identity to one single physiological being is inherently flawed.
Equally flawed is the utilization of the word “identity.” It originates from the Latin
“idem” which means “the same,” i.e., identical. This causes a rather conspicuous problem
for identification in relation to biological organisms such as humans, as by their inherent
nature they are not static, but grow and alter with the passage of time or the introduction
of different environments or stimuli. The German philosopher Gottfried Leibniz proposed
a law that states:
X is the same as Y if, and only if, X and Y have all the same properties and
relations. Thus, whatever is true of X is also true of Y, and vice versa.
For this argument to hold true, then change in any property would imply that the
original form no longer exists and has been replaced by an entirely new form. Every little
change in every little property would mean the whole original is destroyed. Leibniz’s Law
can be salvaged for the real world, however, when the statement is time-index-linked by
allowing properties to be described as occurring at particular times and therefore accepting
and recognizing the importance and effects of a time-related continuum.
The Greek philosopher Heraclitus upheld the metaphysical approach to identity and
change by stating that “No man can cross the same river twice, because neither the man
nor the river can remain the same.” This is a fundamental problem in the confirmation of
identity of a biological form as it does not remain “identical” at any two points in time.
Philosophers have long tackled the thorny question of just how much change an identity
can tolerate.
The quandary of change or replacement in relation to identity is typified by the
“Theseus paradox.” In classical Greek mythology, the ship that brought Theseus home
from Crete (after the Minotaur incident) was faithfully preserved for generations. The old
planks were removed as the wood decayed, putting in new and stronger timber in their
place, insomuch that this ship became a standing example among philosophers for the
debate over the constancy of identity in relation to change. One side held that the ship
remained the same, while the other contended that it was not identical and therefore not
the same.
But how much replacement is required, or can be tolerated, before that point of
common identity is lost? The composition of the baby has been completely replaced, yet
© 2007 by Taylor & Francis Group, LLC
Introduction xiii
she retains the same identity as the teenager whose biological components will again be
completely replaced by the time she becomes an old woman. Yet, in terms of identity of
the individual, they are all considered to be one and the same person who has metamor-
phosed yet maintains a continuity of person through a traceable history and the retention
of verifiable facts. But, does this still hold when the woman develops Alzheimer’s disease
and she can either no longer prove or recognize her own identity? This implies that identity
can operate independent of the individual and is therefore a much wider social concept
rather than solely restricted to appreciation of “self.” Identity can of course be traced
through reasonable channels of change but some specific characteristics are independent
of extraneous change and therefore have the ability to operate on an isolated level. These
verifiable biological parameters of identity exist independent of the internal psychological
“self” (e.g. DNA, fingerprints, and blood grouping) and tend to be those inherent
characteristics that develop between the period of conception and birth. Even in the
world of identical twins and doppelgangers, these factors can retain the discriminatory
capability to identify the individual beyond reasonable doubt.
Humans do not have the inherent capability exhibited by some life forms to display
complete body transformation (e.g., the caterpillar into the butterfly). Yet there is some
speculation that the rise in cosmetic surgery, organ and bone marrow transplants, blood
transfusion, genetic engineering, and even cloning may be the human biological equivalent
of the paradox displayed by the ship of Theseus.
Identification requires the comparison of two data sets to establish their likelihood of
belonging to one and the same individual. Aristotle’s law of identity states that for two
objects to be identical then the predicate must equal (not approximate) the subject
(i.e., A=A). Yet the concept of biological change requires greater flexibility in this law so
that it is perhaps more appropriate to refer to it as A=A* (reflecting Leibniz’s time-indexed
law) where the asterisk introduces the possibility of accountable change. In the field of
biological human identity it is essential that the value attributed to that asterisk be as small
as possible. The distance between the two data sets, in terms of statistical probability, must
be low if the two are to be linked with confidence and forensic credibility. It is vital that
one of these data sets must be grounded in the certainty of verifiable identity. For example,
the DNA sample retrieved from the toothbrush of the missing person must be shown to be
indigenous and not a contaminant. Once verified, this information forms the baseline upon
which other DNA samples will be compared until a match is confirmed — bringing together
two data sets of identity information. A mistake in the verifiable data set will never lead to
a confirmation of identity. This approach is central to the premise of DVI (disaster victim
identification) rationale but is equally applicable to the suspect/perpetrator scenario or to
the abductee/missing-person concept, all of which concentrate on issues of identification.
Therefore, in biological identity, we can accept that with regard to the definition of
“change,” an object changes with respect to a property, providing that object has that
property at one time, and, at a later time, the object does not. What changes is the fact
that the object has a particular property. The only way that property can change is if the
object remains in existence. One can therefore think of a continuing object as the axis for
change, or indeed the arena where change occurs. The confirmation of identity of the
biological form therefore accepts change, and judicially we interpret that change through
the realms of statistics, probability, and rationality. The formulation of the approach is
therefore: How likely is it that “x” can equate to “y” knowing or assuming the potential
for realistic change between the two points?
© 2007 by Taylor & Francis Group, LLC