刑事诉讼参与人的鉴定方法和专家证言的可靠性

Q4 Medicine
D. Wilk, A. Doniec
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引用次数: 0

摘要

刑事审判中证据的可靠性是一个多层面的问题,涉及通过专家证人或当局的活动评估案件中确定的特定情况的证据价值。证据来源和鉴定方法的可靠性(可信赖)、研究表现、推断和其他证据的背景似乎是证据价值的重要影响之一。文章介绍了对刑事审判参与者(警官、检察官和专家)和比较小组对鉴定方法的各种特征以及与法医专家地位有关的选定方面的看法的调查结果。在研究的第一部分,根据鉴定方法的结果,对鉴定方法的科学性、可靠性和定罪意愿进行了排名。研究表明,该方法的可靠性评价与科学性评价显著相关。然而,已经确定了这种关系的一些例外情况,这表明该方法的可靠性也可能是对其适用性和有效性进行评估的结果。研究的第二部分侧重于评估各种专家意见的可靠性。专家进行检查的地点对刑事审判的参与者来说很重要。专家机构法医专家的意见被认为是最可靠的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Reliability of identification methods and expert testimonies according to participants of criminal proceedings
The reliability of evidence in a criminal trial is a multidimensional issue and relates to the assessment of the evidential value of a specific circumstance established in the case through activities performed by expert witness or authorities. The reliability (trustworthy) of the source of evidence and identification methods, performance of research, deduction and the context of other evidence seem to be one of the important implications for the evidential value. Results of the survey of participants of the criminal trial (police officers, prosecutors and experts) and comparative group on the perception of various features of identification methods and selected aspects related to the status of a forensic expert is presented in the article. In the first part of the study, the identification methods were ranked in terms of their scientificity, reliability and willingness to convict on the basis of the method’s results. The research shows that the assessment of the method’s reliability is significantly correlated with the assessment of its scientificity. However, some exceptions to this relationship have been identified, indicating that the reliability of the method may also be the result of an assessment of its suitability and effectiveness. The second part of the research was focused on assessing the reliability of various expert opinions. The place of examinations carried out by an expert is important for the participants of the criminal trial. Opinions of forensic experts performed at specialist institutions were assessed as the most reliable.
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来源期刊
Z Zagadnien Nauk Sadowych
Z Zagadnien Nauk Sadowych Medicine-Pathology and Forensic Medicine
CiteScore
0.30
自引率
0.00%
发文量
15
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