DNA증거의 증거능력

• 영문명: The Admissibility of evidence in DNA evidence
• 발행기관: 한국형사정책학회
• 저자명: 황만성(Hwang, Man-Seong)
• 간행물 정보: 『형사정책』刑事政策 第24卷 第1號, 37~60쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.04.30

영문 초록

As criminal investigation utilizing scientific theories and techniques continues to develop, criminal trials are more dependent on forensic evidence. One of the key points in crime scene investigation is to ensure the procedural integrity by maintaining and documenting the chronological history of the evidence. Damage to the evidence most frequently occurs during the transition between the crime scene and the laboratory. The chain of custody should be maintained from the moment of collection at the crime scene to the moment of presentation at the court to avoid evidentiary issues. To ensure the admissibility of evidence, the police should confirm the procedural integrity of the evidence by showing that the physical evidence is collected at the crime scene, that the evidence is relevant to the crime at issue, and that no fabrication or contamination has occurred from the crime scene to the court. In the “2007no88”case, the Appeal Court denied the chain of custody. The suggests to maintain the chain of custody and to ensure the procedural integrity are as below. It is needed (1) to build up consistent and reasonable standard to review the validity of scientific methods in everyday trials; (2) to establish research culture in Korea for the purpose of securing the accuracy and objectivity of forensic evidence; (3) to accentuate the experts' roles in setting forth the standard to test scientific validity and error rates, (and thus) boosting peer review, providing education programs and guidelines for lab analysts, and supplying courts with precise information on forensic evidence.

목차

Ⅰ. 시작하며

Ⅱ. DNA증거에 있어서 증거능력

Ⅲ. 최근 판례상 DNA증거의 증거능력 판단기준

Ⅳ. DNA증거의 오류와 그 대책

Ⅴ. 마치며

참고문헌

〈Abstract〉

키워드

DNA증거 증거능력 유전자정보 과학적 증거 DNA evidence admissibility of evidence forensic evidence admissibility of expert evidence