Forensic science expertise for international criminal proceedings: an old problem, a new context and a pragmatic resolution.

Klinkner, M. J., 2009. Forensic science expertise for international criminal proceedings: an old problem, a new context and a pragmatic resolution. International Journal of Evidence and Proof, 13 (2), pp. 102-129.

Full text available as:

[img]
Preview
PDF - Published Version
245kB

DOI: 10.1350/ijep.2008.12.1.284

Abstract

Expert witness testimony provides an important source of information for international criminal proceedings, and forensic science expertise from mass graves is no exception: findings from exhumations and examinations have featured in the ad hoc tribunals’ trials and judgments. Whilst the issues surrounding the law-science relationship have been explored within the realm of national legal systems, the mixed system adopted by these tribunals presents an established discussion with a new context. Using forensic archaeology as an example, this article explores some theoretical underpinnings and practical realities surrounding the use of forensic science during international criminal investigations into mass graves before looking at how Trial Chambers aim to establish the relevance and credibility of forensic science evidence. As little guidance regarding admissibility of expert evidence is provided, it is through the case-specific legal process of cross-examination and presentation of counter-expertise that methodological issues are resolved. This, together with reliance on normative principles, is the pragmatic approach adopted to discern reliability of expert opinion.

Item Type:Article
ISSN:1365-7127
Uncontrolled Keywords:Expert witness testimony; Forensic science; International criminal proceedings; Law-science relationship; Mass graves
Subjects:Social Sciences > Law
Group:Business School > Department of Law
ID Code:15897
Deposited By:Dr Melanie Klinkner
Deposited On:10 Aug 2010 11:37
Last Modified:07 Mar 2013 15:35

Document Downloads

More statistics for this item...
Repository Staff Only -
BU Staff Only -
Help Guide - Editing Your Items in BURO