Date post: | 19-Jul-2015 |
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Use of modern day technology in
(italian) criminal proceedings:
chances and risks.
Nicola CanestriniCopenhagen, october 4th, 2014
www.CanestriniLex.com
Do we need technology in criminal proceedings?
“Technology changes everything, crime trial included”
benefitsefficiency of the criminal trial and law enforcement
risks flawed forensics
BENEFITS
internal efficiency
2012 approx 4.7 million pending criminal cases in Italy (!)
law enforcement
house arrest with electronic bracelet monitoring
realization of fair trial
record of court hearings
forensic evidences (DNA Testing, Fingerprint comparison, GPS,
Telephone and Email sniffing, ..)
witness protection
organized crime ti)
Trial via video
conference
No matter of fundamental right violation (Consitutional
Court, n. 342/1999)
security reasons
complexity of trail
if
introduced 1998 for
defendants and “cooperative”
witnesses
organized crime
terrorism
RISKS causes of innocent
convictions are:
suggestive or
unreliable eyewitness
identifications
invalid or vague
forensics
(Garret, 2012)ti)
Flawed forensics
reliability / validity of the
method
Daubert v. Merrell Dow
Pharmaceuticals (1993)
“CSI effect”
need for strong forensic
evidence for guilt
Expert: “Mouth of Truth”?
role of the defense
effective cross examination?
defense experts?
legal aid effectiveness
“Junk science sent me
to prison, but real
science proved my
innocence”
MASS COMUNICATION
TECHNOLOGY
VS.
ti)
Presumption of innocence,
right to a fair trial and to
respect for private and
family life (art. 6, 8)
Freedom of expression and
information (art. 10)
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