Forensic Dentistry, Second Edition

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32 Forensic dentistry

occurred even in tribal societies to determine why a member of the family
group had died, though they were more likely to invoke superstition or
magical thinking instead of the “rational” methods employed by modern
societies.2–4 Early Mesopotamian civilizations, and those of ancient Egypt,
Greece, and India, had well-developed legal codes (the earliest being the Code
of Hammurabi, 2200 B.C.), and these laws often referenced medical issues,
such as duties of physicians, allowable fees, the viability of the fetus, and dis-
cussions of injuries. These cultures also had well-developed medical systems,
but there is little or no reference in their extant writings to suggest that medi-
cal practitioners were regularly involved in the investigation of death. Rather,
common sense and experience were applied by various officials, magistrates,
or priests in an attempt to explain why and how individuals died. Some of the
earliest death investigations probably involved deaths due to suicide, which
most societies have considered to be an unacceptable act for religious or
superstitious reasons.^5 Taking one’s own life might result in denial of funeral
rites, reprisals against the decedent’s family, or other penalties, so a rudimen-
tary death investigation was necessary in such cases to determine if a death
was self-inflicted.
The earliest written documentation specifically related to formal death
investigation has been discovered in archaeological excavations in China.^6
Here, bamboo strips unearthed and dated from the period of the Ch’in
Dynasty (221–207 B.C.) have been found inscribed with writings giving
instructions to civil servants charged with the examination of corpses who
died under suspicious circumstances.
Death investigation in ancient Athens was largely a private matter instead
of a concern of the state.^7 As such, investigations by a governing body were
not consistent, and Greek physicians were apparently not involved in certifi-
cation or investigation of death, though there are reported instances of their
testimony in legal proceedings involving injury.
In early Roman legal writings,4,8 such as the Numa Pompelius (approxi-
mately 600 B.C.), the Twelve Tables (approximately 450 B.C.), and the Lex
Aquila (572 B.C.), certain medical regulations were put forth, and questions of
a medical nature were posed. Roman courts could also call various “experts”
as witnesses in court cases, including physicians. They could be retained by
the disputants, or the magistrate or judge could call on them to advise the
court. This latter group formed a class of witnesses known as amicus curiae,^3
or “friends of the court,” and they were appointed by the court to provide
expert advice in a nonpartisan manner.
The actual investigation of death, however, does not appear to have
involved the medical community in most cases, though there is apparently
s o m e d i s a g r e e m e n t o n t h i s p o i n t a m o n g h i s t o r i a n s o f t h e p e r i o d.^8 A w e l l - k n o w n
exception is t he deat h of Ju lius Caesa r.8,9 The w ritings of Suetonius, a secreta r y
and historian of the Emperor Hadrian, give an account of the examination

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