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Study on the Evidence Collection and Reliability of Legal scientific Evidence

  • DONG-A LAW REVIEW
  • 2011, (51), pp.171-202
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Chun, Jin Ho 1

1동아대학교

Accredited

ABSTRACT

When a crime occurs, blood or a weapon or fingerprints, DNA, crime and witnesses who left such traces. Evidence of a crime if the person remained in the memories of people's perception or memory, or representation, including the error appears fragile and conscious misrepresentation. However, evidence of a crime other than the memory of this man that the existence and status of the remaining evidence is itself evidence is clear. So even in the investigation and trial, the evidence of things takes precedence over the person's evidence by saying that the evidence of things are being emphasized. Especially the feelings through the medium of the evidence is strong evidence that many cases, due to the need for scientific investigation and evidence of active steps to get help from the experts are getting a lot of opportunities. One of the main characteristics of today's criminal trial, the evidence of science, when one considers the fact that the trial of the scientific evidence on how to determine the admissibility of evidence raised in the rationalization of the findings of fact are very important. This ability to have the evidence, scientific evidence, scientific laws and that the technical feasibility of using a scientific test to be recognized. How to recognize the validity of the court's approval, the legislation approved by the other party's consent or agreement between the parties in general. Using new technology, but the evidence for the court's approval, by the legislative approval, consent or agreement between the parties if there is no technology for the validity of expert testimony by investigators, or as required to prove. If, however, inquired what extent the testimony of the criteria required for what is not clear. In other words, the scientific principles and evidence from the discovery phase of the experiment, when the stage is difficult to clearly Determining move. In this study, how to collect evidence, admissibility of evidence and case law related issues in the future by observing the evidence at trial clearly issues related to the direction of the use is proposed. To get evidence that this premise should be reliable. In order to determine the basis of reliable evidence and the validity of the background, principles, and background validity of the principles embodied apply technology, specifically applied in the case of reasonable requirements of such technology is needed to prove. Especially, in specific cases such technology suitable for application in regard to the relevant technology, the unit's status, compliance with the appropriate analytical procedure, or interpret the results of the experiment include a person's eligibility will be required to be recognized. In the United States, the evidence used in court to be trust in the evidence should be admitted. Approved the general principles of how judgments (Frye Test), the principles of scientific integrity (Daubert Test), relevant approach (McCormick Test) and can be divided into three kinds. Currently the country is the principle of the theory, and is recognized in the trial. Application of these principles for the scope and limits are different opinions. Used as evidence in forensic evidence and that the criteria applied to study the scope and limitations is necessary. And recent court cases also have a variety of evidence now being used in the forensic crime corresponding to the configuration requirements to prove the fact that the basis for legitimate scientific research evidence that a rough survey of evidence to prove the evidence must be verified by the rigorous has taken a position. Forensic evidence, evidence of the ability of the general requirements and procedures for collecting evidence of a foreign national with research, mainly in cases of the theory and in-depth study is necessary.

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