Towards another paradigm for forensic science?

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State: Public
Version: Author's accepted manuscript
License: Not specified
Serval ID
serval:BIB_45C67A8433F2
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
Towards another paradigm for forensic science?
Journal
WIREs Forensic Science
Author(s)
Crispino Frank, Weyermann Céline, Delémont Olivier, Roux Claude, Ribaux Olivier
ISSN
2573-9468
2573-9468
Publication state
Published
Issued date
23/08/2021
Peer-reviewed
Oui
Language
english
Abstract
Daubert skews the contribution of forensic science because it only took into account its Galilean dimension (construction of general predictive models). However, forensic science should better be classified in the historical sciences (clinical approach to reconstruct a past event of presence or activity). We therefore need a complementary approach that integrates the necessarily “clinical” part in the resolution of forensic issues. Such an evolution involves semiotics. While recognizing that the Bayesian way of thinking is the only prescriptive available model for interpretation fitting well in the Galilean paradigm, the complexity of the reconstruction of a past-uncontrolled singular case and the robustness of available relevant data to it, invites consideration of its implementation in a semiotic line of arguments. Indeed, Bayes makes it possible to remain in a single harmonized model integrating both the clinical and Galilean dimensions, but rapidly the complexity of the modeling and its mathematization come up against more qualitative natural and legal reasoning. Two different systems of reasoning at stake are inevitably creating a “bug” that could explain the current forensic crisis and miscarriages of justice. This anomaly is reflected in the issue of transparency (misunderstandings by and between interlocutors on the nature of the expertise, if not science). Peirce offers a path to address the tension between complementary reasoning systems.
Keywords
inference, interpretation, semiotics, signification, trace
Create date
24/08/2021 8:56
Last modification date
02/09/2021 6:40
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