Admissibility and appraisal of scientific evidence in continental European criminal justice systems: past, present and future

摘要

The legal literature on the use of forensic evidence mainly originates from Anglo-Saxon scholars, which can lead the reader to think that bias by partisan experts is the most problematic issue when decision makers must assess the reliability and probative value of a given clue. Simultaneously, the same scholars view inquisitorial court-appointed experts as the miracle solution to many issues encountered in their own criminal justice systems. The present contribution aims at presenting and discussing the main characteristics of inquisitorial criminal justice systems on the matter of scientific evidence. It will be shown that, in such systems, issues associated with the use of scientific evidence are often poorly addressed because the judicial community has great trust in its court-appointed scientific experts and lacks awareness as to the questions raised by such evidence. It will also be shown that this system is particularly ill-suited for future scientific innovations and their use in the criminal trial.