Odontology as a forensic science, the North American experience

Abstract 

This chapter discusses the North American situation, primarily that of the United States judicial system.

The United States was established as neither a monarchy nor a theocracy. An unofficial motto of the country has always been – the rule of laws, not of men (or deities). The primary source of law in the United States is the US Constitution. However, each of the 50 states has as its primary source of law a state constitution. In order to become a state, that constitution must conform to US Constitution.

In the United States the US Congress, consisting of duly elected Representatives and Senators from the 50 states draft and pass Acts that establish (or direct to be established by officers of the Executive Branch following prescribed administrative procedures) federal law. Each state too, has its own legislative bodies and process for making law. Each state also has its own system of courts.

In order to discuss the role of the odontologist within these systems, a primer on how these systems function and interact is crucial.

This article discusses the functioning of those systems in relation to the practice of forensic odontology.

Keywords: United States case law, Forensic dental practice, Expert witness, Judicial systems