The Impact of Scientific Evidence on the Criminal Trial: The Case of DNA Evidence

Abstract

This book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines some limitations of existing theories of the criminal trial process in the face of the increased use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenge for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials with those of the USA, this book has international scope and will be of great use and interest to students and researchers of criminal law and practice, policing and the role of forensics in law