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The Impact of Scientific Evidence on the Criminal Trial - The Case of DNA Evidence (Paperback)
Loot Price: R1,410
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The Impact of Scientific Evidence on the Criminal Trial - The Case of DNA Evidence (Paperback)
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This book explores challenges posed by the use of DNA evidence to
the traditional features, procedures and principles of the criminal
trial. It examines the limitations of existing theories of criminal
trial processes in the face of increasing 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 challenges 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 to
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.
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