The importance of the interpretation of forensic medicine and scientific evidence in criminal cases : the role of the Court expert

Abstract

In order for there to be a fair and public hearing, everyone who is charged with a criminal offence, is entitled to a fair and public hearing by an independent and impartial tribunal established by law. In certain cases, in order to arrive to a fair decision, the Courts often require the assistance of a court appointed expert. Through the court experts’ knowledge and expertise, the Court is able to understand and assess the evidence presented during criminal proceedings. The first section is composed of a general overview of the role of the court experts and the vast categories of expertise in which a court expert can be appointed. The author also gives a thorough analysis of the duties and functions of experts. The following chapter is an observation of the different types of expert forensic evidence which includes an analysis of both forensic medicine and forensic science. The experts’ role is to present a final report of evidence after having observed, studied and analysed the evidence of the case in question. However, these experts tend to face many challenges and this is reviewed in the last section of this chapter. The final chapter gives a comparative analysis between the United Kingdom and Maltese Criminal Court systems. Throughout this chapter the miscarriage of justice is analysed giving a leeway for suggestions to improve the regularization of court experts in criminal proceedings. This term paper points out the shortcomings of foreign and local legislation and the lack of a controlled system regarding court experts and forensic evidence. In order to ameliorate the role of the court expert, recommendations for the proposal of institutes and legislative systems are put forward.