Decisional Dimensions in Expert Witness Testimony – A Structural Analysis

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Ressource 1Download: Biedermann_Kyriakos_2018.pdf (329.66 [Ko])
State: Public
Version: Final published version
Serval ID
serval:BIB_4E1A82129BA0
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
Decisional Dimensions in Expert Witness Testimony – A Structural Analysis
Journal
Frontiers in Psychology
Author(s)
Biedermann Alex, Kotsoglou Kyriakos N.
ISSN
1664-1078
Publication state
Published
Issued date
31/10/2018
Peer-reviewed
Oui
Volume
9
Number
2073
Pages
1-15
Language
english
Notes
This paper has been presented at the 3rd International Symposium on Sino-Swiss Evidence Science (‘Pursuing Truth from Different Perspectives’) in Hangzhou (China), organized by the China University of Political Science and Law (Beijing, China), Guanghua Law School (Zhejiang University, China) and the School of Criminal Justice (University of Lausanne, Switzerland).
This research was supported by the Swiss National Science Foundation through Grant No. BSSGI0_155809 and the University of Adelaide (SA) through a ‘Aim for the Stars’ Grant 2018.
Abstract
The relationship between forensic science and legal adjudication is intricate mainly because the need to inform fact-finders on issues going beyond the layman’s knowledge poses challenges both on empirical and normative dimensions, in particular with regards to the specific role and duties of the different participants in the legal process. While rationality is widely upheld as one of the aspirations of the legal process across many modern jurisdictions, a pending question is how to remedy the uneasy relationship between general propositions (and knowledge claims) conditioning expert witness testimony, and individualized decisions taken by fact-finders. The focus has hitherto been put on the utilization of model-based and formal methods of reasoning while, regrettably, the concepts of judgment and decision-making have not received equal attention. A first aspiration of our paper will thus be to further clarify the nature of this systemic relationship in the particular area of the legal process involving scientific experts, by conducting a critical transversal analysis of current empirical, normative and doctrinal understandings of expert witness testimony. As a second aim, we will use this insight to argue in favor of the view that structural features of expert witness testimony are embedded in a decision-making process, and that the understanding of this decisional dimension is important for clarifying the respective roles of expert witnesses and fact-finders, and for favoring their mutual understanding thereof. To substantiate this perspective, and attest to its growing recognition as a frontier understanding, we will provide real-world examples from forensic science reporting practice and policy documents of professional bodies.
Keywords
General Psychology
Open Access
Yes
Create date
31/10/2018 7:27
Last modification date
20/08/2019 15:03
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