Elementos para el debate sobre la valoración de la prueba científica en España: hacia un estándar acreditable bajo la norma ISO 17.025 sobre conclusiones de informes periciales.

An amendment in 2002 to the Spanish Code of Criminal Procedure converted into documentary evidence the expert reports prepared by official laboratories aimed at determining the nature, weight and purity of seized drugs; such expert reports were considered objective and reliable by default. Both the... Deskribapen osoa

Egile nagusia: Lucena Molina, José Juan
Beste egile batzuk: Escola García, Miguel Ángel, Pardo Iranzo, Virginia
Formatua: Artikulua
Hizkuntza: Gaztelania
Argitaratua: Del Blanco Editores 2011
Sarrera elektronikoa: http://dialnet.unirioja.es/servlet/oaiart?codigo=4403236
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Laburpena: An amendment in 2002 to the Spanish Code of Criminal Procedure converted into documentary evidence the expert reports prepared by official laboratories aimed at determining the nature, weight and purity of seized drugs; such expert reports were considered objective and reliable by default. Both the prosecution and the experts benefit from this approach, especially the latter, who are spared from appearance before the courts in most cases. This is likely to be extended to other types of forensic evidence in Spain and, therefore, it would be up to the legislator to finally decide which field of expertise should be considered as scientifically objective and reliable by the Courts. However, Forensic Science id indergoing and important re-definition process. Public opinion os highly sensitive to miscarriages of justice in real cases (even in fields considered as well-established as fingerprints), to the lack of a robust scientific framework for the different types of forensic evidence, and to the fallacies when reporting conclusions. The international forensic community widely acknowledges the need for a standard on expert report conclusions based on the main developments in inductive logic (inductive inference) during the last decades. This paper presents the elements to prompt a philosophical, judicial and scientific debate aimed at achieving the goal concerned: a standard on expert report conclusions which may act as a guideline to obtain the acreditation under the ISO/IEC 17.025.