(Un-)Interpretability in expert evidence: an inquiry into the frontiers of evidential assessment

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Secondary document(s)
Download: Biedermann_Kotsoglou_2021b.pdf (340.69 [Ko])
State: Public
Version: Final published version
License: Not specified
Serval ID
serval:BIB_EBF674366E5F
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
(Un-)Interpretability in expert evidence: an inquiry into the frontiers of evidential assessment
Journal
Quaestio facti (Revista Internacional sobre Razonamiento Probatorio Quaestio facti. International Journal on Evidential Legal Reasoning)
Author(s)
Biedermann Alex, Kotsoglou Kyriakos
ISSN
2604-6202
Publication state
Published
Issued date
03/03/2022
Peer-reviewed
Oui
Volume
3
Pages
481–515
Language
english
Abstract
Evidence law regimes across several contemporary legal orders provide a host of doctrinal devices designed to probe various sorts and sources of information, especially with respect to their accuracy and reliability. These legal provisions, however, are vulnerable to or even tolerant towards uninterpretable evidence, that is evidence whose probative value cannot be assessed. This article critically examines and discusses the «littering paths» of uninterpretable evidence in legal proceedings. We point out the misinformative character of such evidence as well as the potentially misleading impact on criminal adjudication when using scientific evidence for purposes that, strictly speaking, the evidence cannot help with. We identify common causes and possible remedies and argue that to track uninterpretability, it is necessary to understand what exactly it means to say that a piece of evidence is probative in the procedural space of reasons, and how to draw the line between informative and non-informative items of evidence.
Keywords
scientific evidence, interpretability, probative value, propositions, forensic science
Open Access
Yes
Funding(s)
SNF//BSSGI0_155809 OTHER//Société Académique Vaudoise FOUNDATION_UNIL//
Create date
04/11/2021 15:46
Last modification date
21/11/2022 9:30
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