Le parole del diritto e le parole della scienza: un difficile dialogo su questioni di prova penale

Translated title of the contribution: [Autom. eng. transl.] The words of law and the words of science: a difficult dialogue on criminal evidence matters

Research output: Contribution to journalArticlepeer-review

Abstract

If science is increasingly invoked in law as a function of evidence support in the proceedings, what is ever present and common to the various branches of legal order is the question of the role to be recognized to the jurist and in particular to the judge when confronted with the expert knowledge. The question that arises then on what knowledge is proper to the judge, in the criminal process, was presented in the first place and in terms inescapable with reference to the concept of criminally relevant cause and related investigation. In this context, an interdisciplinary approach is being established, which immediately goes beyond the matter of causality, in an attempt to assess criminal liability "beyond any reasonable doubt". But for this to be accomplished it is necessary that the judge be a careful verifier and consumer of scientific knowledges and laws, assuming the role of gatekeeper of scientific method to be used in the courtroom.
Translated title of the contribution[Autom. eng. transl.] The words of law and the words of science: a difficult dialogue on criminal evidence matters
Original languageItalian
Pages (from-to)2-34
Number of pages33
JournalJUS
Publication statusPublished - 2017

Keywords

  • Affidabilità scientifica
  • Decisione giudiziaria
  • Expert witness
  • Judicial epistemology
  • Processo penale
  • Reasonable doubt
  • Sapere esperto
  • Scientific evidence

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