Description

The advancement of science and technology is responsible for the development of scientific expert evidence. Today, forensic science plays an increasingly important role in criminal investigation and prosecution. Despite the usefulness of scientific expert testimony, the legal system must be extremely cautious when it comes to accepting evidence that originates from science and technology. Judges and lawyers are expected to act as gatekeepers in order to prevent judicial endorsement of ‘junk science’.

Theme of the book

Expert evidence, its scope and limitations in decision making process, with a special focus on scientific expert evidence, are discussed from both a theoretical and practical perspective. There is a detailed analysis of the various dimensions of scientific evidence and its application to legal issues. An in-depth multidisciplinary approach has been taken to investigate the novel areas of forensic techniques and their admissibility in the legal system. A comparative jurisdictional analysis of the judicial decisions was performed in order to develop a pragmatic and holistic standard for evaluating scientific evidence submitted to courts for admissibility consideration.

Novelty in the updated edition

In this third edition, separate chapters are devoted to forensic evidence. This includes DNA profiling, fingerprint analysis, forensic neuroscientific evidence, ballistic evidence, handwriting evidence, etc. The theoretical and methodological aspects of prominent forensic techniques are discussed with the latest judicial decisions from selective jurisdictions, which engrave reliability and admissibility. The 2022 Indian Supreme Court decision Manoj v State of Madhya Pradesh, which extensively covers the critical approach towards various forensic evidence and its reliability is dealt with in detail. The author has made a threadbare analysis of divergent forensic techniques in light of path-breaking judicial pronouncements in India and abroad.

Key Features :

Epistemological analysis of expert evidence

The interface of science and law clearly portrayed

Forensic scientific evidence – its reliability, probative value and admissibility is described

DNA profiling, neuroscientific, fingerprint, ballistics and other major forensic evidence are discussed

Forensic techniques and its reliability are dealt in the light of judicial precedents