Scientific Evidence in Europe : Admissibility, Evaluation and Equality of Arms
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State: Public
Version: Final published version
License: Not specified
It was possible to publish this article open access thanks to a Swiss National Licence with the publisher.
State: Public
Version: Final published version
License: Not specified
It was possible to publish this article open access thanks to a Swiss National Licence with the publisher.
Serval ID
serval:BIB_16BCC7707F7D
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
Scientific Evidence in Europe : Admissibility, Evaluation and Equality of Arms
Journal
International Commentary on Evidence
ISSN
1554-4567
ISSN-L
1554-4567
Publication state
Published
Issued date
11/2011
Peer-reviewed
Oui
Volume
9
Number
1
Pages
1-68
Language
english
Abstract
This study was commissioned by the European Committee on Crime Problems at the Council of Europe to describe and discuss the standards used to asses the admissibility and appraisal of scientific evidence in various member countries. After documenting cases in which faulty forensic evidence seems to have played a critical role, the authors describe the legal foundations of the issues of admissibility and assessment of the probative value in the field of scientific evidence, contrasting criminal justice systems of accusatorial and inquisitorial tradition and the various risks that they pose in terms of equality of arms. Special attention is given to communication issues between lawyers and scientific experts. The authors eventually investigate possible ways of improving the system. Among these mechanisms, emphasis is put on the adoption of a common terminology for expressing the weight of evidence. It is also proposed to adopt an harmonized interpretation framework among forensic experts rooted in good practices of logical inference.
Publisher's website
Open Access
Yes
Create date
16/11/2011 8:07
Last modification date
14/02/2022 7:53