证据解释:向法庭传达信息的关键

Q4 Social Sciences
M. D. Pian, P. Carresi, V. Causin
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引用次数: 1

摘要

DNA分型等新技术的出现,刑事审判中广泛宣传的科学证据的重要性,以及大众媒体中虚构和非虚构作品的激增,都有助于使法医学广为人知,尽管公众可能不太了解法医学。法医科学普及的后果之一是调查者态度的急剧变化,他们越来越倾向于委托科学家收集必要的信息,以确定罪犯的身份。然而,由于生物痕迹或指纹在识别犯罪现场的个人身份方面具有很高的潜力,因此对生物痕迹或指纹的搜索的突出关注在一定程度上削弱了对其他种类证据的兴趣,例如痕迹证据。事实上,法官和律师认为这类证据提供的信息较少,因为他们认为“所有塑料制品都是一样的”,也就是说,不可能在大量生产的产品之间进行区分。本文的目的是强调,有了合理的解释证据的方法,就有可能改善科学家与法院之间的沟通,并在案件的背景下显示分析结果的真正意义。用光学显微镜、红外光谱和紫外可见光谱分析了在谋杀案中使用的刀上发现的痕迹。证据的解释是根据贝叶斯方法进行的。在以纤维为关键证据的案件中,对证据解释的描述。报告显示,具有高价值证据的关键方面是案件的情况和检察官和辩护人所提供的事件的重建,当然还有一个健全的分析程序。换句话说,研究表明,在某些情况下,纤维或其他微量证据的证据价值可能非常高,有时可与指纹或DNA相媲美:如果加以适当解释,微量证据可以为破案提供关键信息。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Interpretation of Evidence: The Key to Conveying Information to Court
Abstract The advent of new technologies such as DNA typing, the weight of scientific evidence in criminal trials of widespread publicity, and the proliferation of fictional and non-fictional works in popular media have contributed to making forensic science well known, although perhaps not as well understood, by the general public. One of the consequences of this popularisation of forensic science was a sharp change in the attitude of investigators, who increasingly tend to delegate to scientists the collection of information necessary to identify the perpetrator of the crime. However, the prominent focus on the search of biological traces or fingerprints, due to their high potential for the personal identification of the individuals present at the crime scene, somewhat fade the interest towards other kinds of evidence, such as trace evidence. This kind of evidence is in fact perceived by judges and lawyers as less informative, because they think that “all plastic items are the same”, i.e. that it is impossible to discriminate among mass produced items. The purpose of this paper is to stress that, with sound methods for interpreting evidence, it is possible to improve the communication between the scientist and the Court, and to show the real significance of the analytical results, in the context of the case. The analysis of the traces found on a knife used in a murder case were performed by optical microscopy, IR spectroscopy, and UV-visible spectroscopy. The interpretation of evidence was carried out according to a Bayesian approach. A description of the interpretation of evidence in a case in which fibres were the key evidence. It is shown that the key aspects for having a high value of the evidence are the circumstances of the case and the reconstruction of the events given by the prosecutor and by the defence, in addition of course to a sound analytical procedure. In other words, it is shown that in some cases the evidential value of fibres or other trace evidence can be very high, sometimes comparable to that of fingerprints or DNA: when properly interpreted, trace evidence can give key information for solving cases.
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来源期刊
CiteScore
0.30
自引率
0.00%
发文量
8
审稿时长
12 weeks
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