A comparative study on the admissibility and proof of certain scientific evidence in the criminal trial

Abstract

The remarkable progress of scientific discovery and techniques in the present century has had a great impact on Criminal Law. Indeed, more often than not, complications arise specifically due to the fact that scientific developments happen so fast that the law often falls a step behind. In this thesis, I plan to deal with certain legal issues which arise concerning scientific evidence in the criminal trial. Apart from discussing the general notion of scientific evidence and how it has been approached by various legal systems at present, I plan to elaborate in greater detail on DNA evidence, computer evidence and polygraph examinations, going into additional arguments about their reliability, relevance and admissibility. I have focused on these items of scientific evidence because of their increased use in criminal proceedings and due to the substantial progress in these fields. During the course of my discussion, I will be referring at length to the position in the United States mainly due to the fact that it is one of the pioneering countries in the use of scientific knowledge in the courts. Consequently the legal-scientific field m the United States is far more highly evolved than that of other countries. On the other hand, and precisely for the same reasons, when discussing computer evidence I have referred extensively to the position of the United Kingdom and of some countries of the Far East, namely Singapore and Malaysia, where an extensive legal provision has been made regulating the admissibility of such evidence. Obviously this thesis would not be complete without a final chapter discussing the implications of human rights as enshrined in the Maltese Constitution, the European Convention on Human Rights, and the Fifth Amendment of the United States, on the use and admissibility of scientific evidence, elaborating mainly on the individual's right to privacy and the defendant's right not to incriminate himself.