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Samenvatting Week 2 Criminalistiek en Bewijswaardering

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Bevat een samenvatting van de literatuur, aantekeningen van het hoorcollege en aantekeningen van de werkgroep.

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  • Hoofdstuk 2 t/m 3
  • September 15, 2023
  • 15
  • 2023/2024
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23053521Y – Criminalistiek en Bewijswaardering

Samenvatting Literatuur en Hoorcolleges

Semester 1 2023-2024

, Literatuur week 2: 11-18 September

Boek Hoofdstuk 2: Interpreting Scientific Evidence.

Expert evidence usually involves the forensic scientist making an observation on some

aspect of the case and, based on knowledge and past experience, reporting interferences to the

court.

1.1 Relevance and Probative Value

The first requirement of any piece of evidence tendered in court is that it must be relevant.

In order to be considered, an item of evidence must be one that might rationally affect the

decision.

 Evidence is relevant if:

o It has any tendency to make a fact more or less probable than it would be

without the evidence;

o The fact is of consequence in determining the action.

An item of evidence worth considering might cause us to increase or decrease our

probability for some proposition, which is of consequence in determining the case. ‘Good

evidence’ is the evidence which has a substantial effect on our probability.

2.1.1. Ideal and Useless Evidence

An ideal piece of evidence would be something that always occurs when what we are

trying to prove is true and never occurs otherwise (e.g., a blind person needed to determine

whether it was cloudy. Rain would not be ideal evidence since the absence of rain does not

imply the absence of clouds). DNA, conversely, gets its immense discriminating power from

those tiny parts that differ from person to person.

2.1.2. Typical Evidence

Ideal evidence is seldom found. Thus, in the real world, evidence is something that is

more or less likely to occur when what we are trying to prove is true than when it is not. Good

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