Literature DB >> 23022585

Renegotiating forensic cultures: between law, science and criminal justice.

Paul Roberts1.   

Abstract

This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science's basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable-and may be neutralised-by paying closer attention to criminal adjudication's normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law.
Copyright © 2013. Published by Elsevier Ltd.

Mesh:

Year:  2012        PMID: 23022585     DOI: 10.1016/j.shpsc.2012.09.010

Source DB:  PubMed          Journal:  Stud Hist Philos Biol Biomed Sci        ISSN: 1369-8486


  3 in total

Review 1.  Paradigms of forensic science and legal process: a critical diagnosis.

Authors:  Paul Roberts
Journal:  Philos Trans R Soc Lond B Biol Sci       Date:  2015-08-05       Impact factor: 6.237

2.  The long arm of the algorithm? Automated Facial Recognition as evidence and trigger for police intervention.

Authors:  Kyriakos N Kotsoglou; Marion Oswald
Journal:  Forensic Sci Int       Date:  2020-01-13       Impact factor: 2.395

3.  Modelling competing legal arguments using Bayesian model comparison and averaging.

Authors:  Martin Neil; Norman Fenton; David Lagnado; Richard David Gill
Journal:  Artif Intell Law (Dordr)       Date:  2019-03-27
  3 in total

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