The Italian Law Journal | ItaLJ

SPECIAL ISSUE

Hybridizations, Contaminations, Triangulations: 
Itineraries in Comparative Law Through the Legal Systems of Italy and Japan

edited by Giorgio F. Colombo

 

Scientific Evidence and Criminal Proceedings:
The Italian and Japanese Experience

by Giuseppe Gennari and Takeshi Matsuda

The use of scientific evidence in court raises several problems in both Italian and Japanese jurisdictions. The authors, starting from the problem of admissibility, discuss two main cases of misuse of scientific evidence: the Amanda Knox case in Italy and the Ashikaga case in Japan. In both cases the trial court condemned the defendant on the basis of corrupted science (DNA fingerprint). The authors conclude that a better handling of this kind of evidence is needed taking into account that errors are inevitable and judges are not able to evaluate science and its reliability. 

 

 Read the full article