MVV346K Credibility of Expert Evidence. DNA Evidence – Future Challenges

Faculty of Law
Spring 2022
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Taught in person.
Teacher(s)
Mónika Nogel, JD, PhD (seminar tutor), doc. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
Guaranteed by
doc. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV346K/01: Thu 12. 5. 14:00–15:40 041, Mon 16. 5. 16:00–17:40 041, Tue 17. 5. 10:00–11:40 041, Wed 18. 5. 16:00–17:40 041, Thu 19. 5. 16:00–17:40 041
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 9/30, only registered: 0/30
fields of study / plans the course is directly associated with
there are 87 fields of study the course is directly associated with, display
Course objectives
Judicial experts have an important role within different justice systems. This course deals with the role of experts in criminal proceedings. It considers the ways in which experts deal with subject matter and their ethical and professional responsibilities in forming expert opinions and views, and also considers the expectations of the law enforcers. The course will cover the role of experts in adversarial and inquisitorial systems. The course will survey the recent developments in the law and provide in-depth analysis of the admissibility and credibility of expert reports/expert witness testimonies. The aim of the course is to assist students in identifying, understanding and challenging, where appropriate, this type of evidence in both legal systems. The course also aims to introduce the value and possible problems regarding DNA expert reports. This course will assist the legal fraternity to gain an understanding of the use of DNA analysis in the courtroom. It will provide the necessary background to highlight the important aspects of DNA evidence. Case studies are discussed to illustrate different aspects of DNA evidence. The course will explain new technologies, such as DNA Phenotyping, forensic familial searching and their possible relevance for criminal justice.
Learning outcomes
At the end of the course, students should be able to:
• Understand the difference in the role of experts in adversarial and inquisitorial systems
• Understand the litigation process and the roles and responsibilities of experts
• Evaluate principles governing admissibility, validity reliability, credibility and weight of evidence
• Understand the concept of CSI-effect
• Understand the concept of ,,junk” science
• Understand the role of DNA evidence in criminal proceeding
• Understand the challenges of new forensic methods used in forensic genetics, such as DNA Phenotyping and Forensic Familial Searching.
Syllabus
  • 1. The Basic Differences between Adversarial and Inquisitorial Justice Systems.
  • 2. Admissibility and Reliability of Expert Evidence in the Common Law Justice System. The Daubert-trilogy. Credibility of Expert Evidence in the Civil Law Justice System. The case ,,Rezešová” in Hungary.
  • 3. The CSI-effect. The Concept of Scientific Evidence. The Concept of Junk Science.
  • 4. History of Forensic DNA Testing. DNA Profiling. Collection of evidence material. Sources of DNA.
  • 5. Accreditation of Forensic DNA Laboratories. Mixture DNA.
  • 6. Transfer of DNA. Contamination of the DNA Evidence. The Phantom of Heilbronn.
  • 7. Forensic DNA Phenotyping. Appearance prediction from DNA. The Regulatory Landscape of Forensic DNA Phenotyping in the Visegrad 4 Countries. Scientific and Social Implications of Forensic DNA Phenotyping. Case Studies.
  • 8. Forensic Familial Searching. Scientific and Social Implications of Forensic Familial Searching. Case Studies.
Literature
  • See Teacher's Information for full details.
Teaching methods
lecture and discussion
Assessment methods
Exam consisting of five (5) single select multiple choice questions and one (1) essay question. During the exam each student will be required to work individually without consulting other students. The exam will be graded on a pass/fail basis.
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
Teacher's information
Literature

Berger A. Margaret: The Admissibility of Expert Testimony. National Academies of Sciences, Engineering, and Medicine. 2011. Reference Manual on Scientific Evidence: Third Edition. Washington, DC: The National Academies Press. https://doi.org/10.17226/13163.

National Academies of Sciences, Engineering, and Medicine. 2011. Reference Manual on Scientific Evidence: Third Edition. Washington, DC: The National Academies Press. https://doi.org/10.17226/13163.

Schweitzer N.J. -Saks Michael J.: The CSI Effect: Popular Fiction About Forensic Science Affects the Public’s Expectations About Real Forensic Science. Jurymetrics Spring 47/2007.

Mónika Nogel - András Czebe- Gábor Kovács – Zsolt Pádár: A work in progress - accreditation of forensic DNA laboratories as a part of the ,,European Forensic Science Area 2020 (EFSA 2020)” concept. In: FORENSIC SCIENCE INTERNATIONAL GENETICS SUPPLEMENT SERIES (2019) https://doi.org/10.1016/j.fsigss.2019.10.195

Mónika Nogel - András Czebe- Gábor Kovács – Zsolt Pádár: Developing legal regulation of forensic DNA-phenotyping in Hungary. In: FORENSIC SCIENCE INTERNATIONAL GENETICS SUPPLEMENT SERIES (2019) https://doi.org/10.1016/j.fsigss.2019.10.109

Zsolt Pádár – Mónika Nogel – Gábor Kovács : Accreditation of forensic laboratories as a part of the "European Forensic Science 2020" concept in countries of the Visegrad Group, In: FORENSIC SCIENCE INTERNATIONAL GENETICS SUPPLEMENT SERIES 6:(1) pp. 412-413. (2015)

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