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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front. Law China    2018, Vol. 13 Issue (1) : 43-66    https://doi.org/10.3868/s050-007-018-0005-4
Orginal Article
THE FORENSIC CHALLENGE
Paul Roberts()
BCL, MA (Oxford), MPhil (Cambridge), UK; Professor of Criminal Jurisprudence, University of Nottingham, Nottingham NG7 2RD, UK; Adjunct Professor of Law, Collaborative Innovation Centre of Judicial Civilization, China University of Political Science and Law, Beijing 100088, China.
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Abstract

This article investigates what might be characterised as “the forensic challenge” for criminal adjudication and clarifies its nature and scope. The “challenge” identified is complex, dynamic and multifaceted, encompassing a variety of issues and debates concerning the ways in which forensic science evidence is validated, generated, presented, tested, evaluated and utilised in criminal proceedings. Common law evidentiary principles governing the admissibility of scientific evidence and expert witness testimony are reviewed and the underlying assumptions and potential weaknesses of adversarial trial procedure are critically considered. The discussion is pitched at the generic level of recurring intellectual puzzles, institutional design, regulatory frameworks, procedural structures and processes, macro-policy choices and methodological prescriptions, with the intention of making it relevant to an international audience. Aspects of the procedural law and adjudicative practice of England and Wales, and the regulatory context of UK forensic science, are offered as concrete illustrations with the potential for illuminating comparative extrapolation to other legal systems. In conclusion, the article draws out specific implications for Chinese scholarship, law reform and policymaking in relation to scientific and other expert evidence, and advances a bold suggestion for entertaining an unconventionally expansive conception of “forensic science” and, correspondingly, of the challenges it presents.

Keywords forensic science      expert evidence      criminal procedure      comparative legal method      criminal justice reform     
Issue Date: 23 April 2018
 Cite this article:   
Paul Roberts. THE FORENSIC CHALLENGE[J]. Front. Law China, 2018, 13(1): 43-66.
 URL:  
https://academic.hep.com.cn/flc/EN/10.3868/s050-007-018-0005-4
https://academic.hep.com.cn/flc/EN/Y2018/V13/I1/43
[1] BIAN Jianlin, XIE Shu. Forty Years of Reform and Opening Up: The Birth and Development of China’s Criminal Justice System[J]. Front. Law China, 2019, 14(1): 73-85.
[2] Weidong Chen. Retrospection and Perspective: Chinese Criminal Procedure Law (1979–2009)[J]. Front Law Chin, 2010, 5(4): 510-531.
[3] CHEN Weidong. The basic concepts of re-modifying the criminal procedure law[J]. Front. Law China, 2006, 1(2): 153-163.
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