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Research Paper
A cut-off value of third molar maturity index for indicating a minimum age T
of criminal responsibility: Older or younger than 16 years?
Sudheer B. Ballaa,∗, Subramanyeswara S. Chinnib, Ivan Galicc, Aditya Mohan Alwalad,
Pramod Machanie, Roberto Camerieref
a
Department of Forensic Odontology, Panineeya Mahavidyalaya Institute of Dental Sciences, Hyderabad, Telangana, India
b
Consultant Forensic Odontologist, Bangalore, Karnataka, India
c
Departments of Research in Biomedicine and Health, University of Split School of Medicine, Spinciceva 2, 21000, Split, Croatia
d
Department of Oral and Maxillofacial Surgery, MNR Dental College, Sangareddy, Telangana, India
e
Nightingales Regional Lead, Bangalore, Karnataka, India
f
Age Estimation Project, Institute of Legal Medicine, University of Macerata, Macerata, Italy
A R T I C LE I N FO A B S T R A C T
Keywords: Providing appropriate legal mechanisms, that evaluate the progression of development from the age of child-
Dental age estimation hood innocence to maturity and full responsibility, considered one of the difficult areas of criminal justice policy.
Minimum age of criminal responsibility The minimum age of criminal responsibility (MACR) in children varies among countries and differs widely
Third molar maturity index owing to history and culture. Due to rising and brutality of criminal offenses, particularly by juveniles, few
Orthopantomograms
countries have lowered the minimum age of criminal responsibility, and many have considered/considering to
16 years
do the same. India is one such country in which is under the proposal of lowering the age of criminal respon-
sibility to 16 years. As there is lack of useful age assessment methods, that can indicate whether if the individual
in question is younger (< 16 years) or older than MACR (≥16 years), the present study was undertaken to
derive a specific cut-off value of the third molar maturity index (I3M) for this purpose. The sample consisted of
1078 orthopantomograms (OPTs) from Andhra Pradesh, India, aged between 11 and 20 years (45.4% males and
54.6% females). The reproducibility of I3M was calculated by intra-class correlation coefficients, which showed
an intra-rater and inter-rater agreement of 0.912 and 0.891, respectively. The sample was divided into training
dataset (819 OPTs), to test I3M and gender as independent variables and MACR as a dependent variable by
logistic regression analysis, and test dataset (259 OPTs). A receiver operating curve (ROC) analysis was per-
formed to evaluate the specific cut-off value of I3M for predicting MACR status. A logistic regression analysis
showed that gender was not statistically significant for predicting MACR status while ROC analysis indicated a
cut-off value of I3M = 0.293 as best for predicting MACR status. The performance of derived cut-off value was
tested in a test data set. The sensitivity of the test was 90.6% and 90%, while specificity was 86% and 87.1% in
males and females, respectively. The proportion of correctly classified individuals was 88.0% and 88.7% in
males and females, respectively. The estimated Bayes post-test probability in males was 87.2% and while in
females it was 88.3%. The results highlight the contribution of the derived cut-off value of I3M for discriminating
individuals around MACR and should be evaluated in other populations.
∗
Corresponding author.
E-mail address: forensics.Sudheer@gmail.com (S.B. Balla).
https://doi.org/10.1016/j.jflm.2019.05.014
Received 23 March 2018; Accepted 19 May 2019
Available online 22 May 2019
1752-928X/ © 2019 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.
S.B. Balla, et al. Journal of Forensic and Legal Medicine 65 (2019) 108–112
delinquent is a matter of a day on the calendar as if one commits an 12–14 years. Since third molars are the only teeth available growing at
illegal act a day before he ceases to be a juvenile is considered a de- the age of 18 years, their development was considered most suitable
linquent act, otherwise as a criminal offense. Here the unlawful act is evidence for juvenile/adult discrimination. Mincer et al.19 were the first
the same, but the perpetrator of the act is a day older, and therefore, a to verify the usefulness of Demirjian's stages (DS) and third molars for
criminal.4 the discrimination of juvenile/adult status. Later Cameriere et al.20
have demonstrated the better performance of the specific value of third
1.1. MACR and judicial trend in India molar maturity index (I3M), I3M < 0.08, in discriminating adults or
minors compared to DS system. The applicability of latter in predicting
Article 40.3 of the Convention on the rights of the child defines the age of majority was tested successfully in various popula-
MACR as “the age below which a person is completely immune from any tions.5,21–30
criminal liability due to lack of maturity and judgment to understand the It is vital to adopt accurate age estimation methods prior con-
consequences of one's actions”.5 In practical terms, a separate justice sidering steps to prevent and treat delinquency. Moreover, recent trends
system for children that has rehabilitation and reintegration should be in India posed a task to forensic experts and pointed out the lack of
established. In India, the criminal system is governed and regulated by useful age estimation methods that can indicate whether if the in-
two major legislations including the Indian Penal Code, 1860 (IPC) and dividual in question is younger or older than MACR (16 years).
the Criminal Procedure Code, 1970 (CrPC). The IPC has set the Currently, there are no methods available in practice or in literature to
minimum age of criminal responsibility as 12 years.6 According to Ju- indicate MACR among Indian individuals. This study was undertaken to
venile Justice (Care and protection of children) Act, 2000, children derive a cut-off value of I3M which can be useful for predicting being
cannot be put into the same category as adults and hence required younger (< 16 years) or older than MACR (≥16 years).
special provisions for them. This act has set the age of criminal re-
sponsibility at 18 years that concurs definition of child under the UN
convention on the rights of the child.6,7 Juvenile offenders are accorded 2. Materials and methods
special treatment under this act and are not tried in the same courts as
adult offenders. In extreme cases under Juvenile Justice Act, the of- A final sample of panoramic radiographs (OPTs) of 1078 living
fenders will be sent to detention for a maximum period of three years in subjects was analyzed retrospectively (Table 1). OPTs used in this study
reformatory centers. were initialized for different clinical purposes on patients from the
In India, there has been a sharp rise in crimes committed by juve- Panineeya Institute of Dental Sciences, Hyderabad, Telangana and from
niles or young adults. According to the statistics of National Crime private dental clinics, Andhra Pradesh, India. Ethics Committee for
Records Bureau (NCRB), 27% of the juvenile crimes in 2015 were research involving human subjects approved the usage of OPTs in this
perpetrated by the individuals between ages 12–16 years, 1.4% by study. Each OPT was separately recorded in Excel file. Record com-
those between 7 and 12 years, and 71.6% by those between 16 and 18 prised an identification number, gender, date of birth, date of OPT. Real
years.8 Owing to the rise and brutality of criminal offenses particularly age in years was calculated as the difference between dates of OPT and
by juveniles, there was an increasing sense of urgency to create legal birth. The inclusion criteria for retrieving the sample for the analysis
avenues for some deterrence to warn off the under-age perpetrators.9 were: OPT of the good technical quality, age between 11 and 20 years,
no evidence of hereditary or systematic diseases which can affect the
1.2. Raising concerns dental and skeletal development, including hormonal deficiency or
hormonal therapy, gastrointestinal diseases. Exclusion criteria are any
As per NCRB statistics, in 2010, the toll of rape cases by juveniles missing or incomplete data on birth, agenesis of any permanent teeth
stood at 858, it became 1149 in 2011, 1316 in 2012, which further including all four third molars, extracted second and third molars, ro-
increased up to 1388 in 2013.9 Moreover, in last ten years, heinous tated or impacted third molars.
crimes by juveniles have increased four to five times. One such incident All OPTs were recorded in JPG format. Only third molars from the
is frightening gang-rape- cum-murder in Delhi in which one of accused left side of the mandible were evaluated according to Cameriere's
is a minor who allegedly committed the most brutal act has shifted the method. A freeware image-processing program (Adobe® Photoshop®
spotlight on juvenile offenders, their age bar, nature of crime and CS4) was used for all adjustment of a grayscale and brightness and
brutality involved.10 Keeping in mind the rise of offenses by minors, contrast improvement. Briefly, the measurements of the projections of
there is a need for the change of the current MACR (18 years) and to open apices, Ai, and height, Li, of the third molars were recorded and
make special provisions for serious offenses. Following this, there are I3M was calculated as the proportion of open apices and heights or
serious issues raised by law, regarding amendments to the criminal law
and MACR. This issue has reached the apex court of India, asking for Table 1
complete struck off the Act of 2000 and to make changes in various Age and Sex distribution of the data (training and test datasets) and the par-
provisions to enhanced punishment to a juvenile in conflict with the entheses in training dataset represents the number of participants with closed
apices of left second mandibular molar.
law.11 Later the government considered a proposal that under 18 years
accused of heinous crimes are tried as adults and passed a bill re- Age (years) Malesb Females Total Males Females Total
defining a juvenile's age in these offenses.12,13 training training training test test test
dataset dataset dataset dataset dataset dataset
1.3. Need of the hour and need for the study 11 26 (0) 39 (0) 65 (0) 10 10 20
12 35 (2) 50 (4) 85 (6) 11 10 21
In specific legal requirements, usage of low-invasive methods with 13 45 (15) 47 (14) 92 (29) 10 9 19
14 57 (24) 53 (38) 110 (62) 15 17 32
higher accuracy and precision are required to assign an age to a living
15 54 (43) 62 (55) 116 (98) 17 18 35
child without legal documents.14,15 To further improve the diagnostic 16 31 (30) 42 (40) 73 (70) 13 18 31
accuracy of age estimates, the Study Group on Forensic Age Diagnostics 17 41 (41) 41 (40) 82 (81) 11 15 26
(AGFAD) recommended usage of methods in combination that includes 18 33 (33) 39 (39) 72 (72) 10 17 27
a physical examination with determination of anthropometric mea- 19 31 (31) 51 (51) 82 (82) 11 10 21
20 20 (20) 22 (22) 42 (42) 9 18 27
surements, examination of skeletal development that includes hand-
wrist bones and evaluation of dental status by dental exams.16–18 The Total 373 446 819 117 142 259
mineralization of the second molars completes between the age of
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S.B. Balla, et al. Journal of Forensic and Legal Medicine 65 (2019) 108–112
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S.B. Balla, et al. Journal of Forensic and Legal Medicine 65 (2019) 108–112
4. Discussion
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S.B. Balla, et al. Journal of Forensic and Legal Medicine 65 (2019) 108–112
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