QUESTION 1
In many criminal cases in which violence is an element of the charged crime, presiding officers are tempted to research forensic science to better understand expert testimony.in South African law of evidence
What would your advice be to presiding officers engaging in this practice?
A.
B & C above.
B.
Refrain from doing such research altogether. Obtain expert witness testimony and properly receive the information.
C.
Such research should only be done to gain background understanding of a specific scientific discipline.
D.
Where any independent research is relied upon in coming to a decision in any case, the parties should be duly informed.
B. Refrain from doing such research altogether. Obtain expert witness testimony and properly receive the information.
My advice to presiding officers engaging in the practice of researching forensic science would be option D - Where any independent research is relied upon in coming to a decision in any case, the parties should be duly informed.
It is important for presiding officers to obtain expert witness testimony and properly receive the information without biased understanding. However, if they feel the need to conduct research, it should be done with caution and transparency. Informing the parties involved is necessary to maintain fairness and ensure that all parties have the opportunity to address any concerns regarding the research.
My advice to presiding officers engaging in the practice of researching forensic science in criminal cases would be option B: refrain from doing such research altogether and instead obtain expert witness testimony and properly receive the information.
Presiding officers in criminal cases should rely on the expert testimony of forensic scientists, who are trained and qualified in their respective scientific disciplines. They are specifically called upon to provide their expertise to help the court understand complex scientific evidence.
By refraining from conducting their own research, presiding officers can ensure that the expert testimony is received objectively and without any potential bias. This helps maintain the integrity and fairness of the legal process.
If presiding officers engage in independent research, they run the risk of inadvertently introducing incorrect or irrelevant information into the case, which can impact the decision-making process. It is important to rely on the expertise of the defense and prosecution experts who are qualified in the field of forensic science.
Option C is also a valid consideration, as gaining background understanding of a specific scientific discipline can be beneficial for presiding officers. However, it is crucial to ensure that such research does not interfere with the expert testimony or influence the decision-making process.
Option D is another important aspect to consider. If presiding officers do rely on any independent research in coming to a decision in a case, it is essential to inform the parties involved, allowing them an opportunity to address and respond to the information presented.
In summary, presiding officers should refrain from conducting their own research on forensic science, rely on expert witness testimony, and inform the parties involved if they do use any independent research in the decision-making process.