THE CIENTIFIC EVIDENCE
The article deals with the scientific proof, which is a variant of expert evidence. This includes, for example, expert evidence, expert testimony or experts. We maintain in this text that the high reliability of the scientific evidence is not confused with its infallibility. It is up to the judge or...
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| Format: | Article |
| Language: | English |
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Universidade do Estado do Rio de Janeiro
2017-12-01
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| Series: | Revista Eletrônica de Direito Processual |
| Subjects: | |
| Online Access: | https://www.e-publicacoes.uerj.br/index.php/redp/article/view/31690/22418 |
| _version_ | 1818733968899440640 |
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| author | Adrian Simons Pino |
| author_facet | Adrian Simons Pino |
| author_sort | Adrian Simons Pino |
| collection | DOAJ |
| description | The article deals with the scientific proof, which is a variant of expert evidence. This includes, for example, expert evidence, expert testimony or experts. We maintain in this text that the high reliability of the scientific evidence is not confused with its infallibility. It is up to the judge or arbitrator to act as the guardian of the scientific evidence, in order to avoid that in the process, they enter evidence without suitability, valuing in an appropriate way the validity of the method used, as well as the margin of error of this one. To this end, the Daubert Case, judged by the US Supreme Court in 1993, can be used as a parameter to be assimilated by the jurisprudence and the national legislations. Thus, new rules on expert evidence are necessary and, as long as the legislation does not suffer the necessary changes, the judges must adapt the procedures to the new evidence requirements. |
| first_indexed | 2024-12-17T23:57:54Z |
| format | Article |
| id | doaj.art-87d9ef22ba104185a64e9c82766fbd4e |
| institution | Directory Open Access Journal |
| issn | 1982-7636 |
| language | English |
| last_indexed | 2024-12-17T23:57:54Z |
| publishDate | 2017-12-01 |
| publisher | Universidade do Estado do Rio de Janeiro |
| record_format | Article |
| series | Revista Eletrônica de Direito Processual |
| spelling | doaj.art-87d9ef22ba104185a64e9c82766fbd4e2022-12-21T21:28:02ZengUniversidade do Estado do Rio de JaneiroRevista Eletrônica de Direito Processual1982-76362017-12-011830444https://doi.org/10.12957/redp.2017.31690THE CIENTIFIC EVIDENCEAdrian Simons Pino0Academia de la MagistraturaThe article deals with the scientific proof, which is a variant of expert evidence. This includes, for example, expert evidence, expert testimony or experts. We maintain in this text that the high reliability of the scientific evidence is not confused with its infallibility. It is up to the judge or arbitrator to act as the guardian of the scientific evidence, in order to avoid that in the process, they enter evidence without suitability, valuing in an appropriate way the validity of the method used, as well as the margin of error of this one. To this end, the Daubert Case, judged by the US Supreme Court in 1993, can be used as a parameter to be assimilated by the jurisprudence and the national legislations. Thus, new rules on expert evidence are necessary and, as long as the legislation does not suffer the necessary changes, the judges must adapt the procedures to the new evidence requirements.https://www.e-publicacoes.uerj.br/index.php/redp/article/view/31690/22418expert evidencedaubert caseinstructional powerssources of evidence |
| spellingShingle | Adrian Simons Pino THE CIENTIFIC EVIDENCE Revista Eletrônica de Direito Processual expert evidence daubert case instructional powers sources of evidence |
| title | THE CIENTIFIC EVIDENCE |
| title_full | THE CIENTIFIC EVIDENCE |
| title_fullStr | THE CIENTIFIC EVIDENCE |
| title_full_unstemmed | THE CIENTIFIC EVIDENCE |
| title_short | THE CIENTIFIC EVIDENCE |
| title_sort | cientific evidence |
| topic | expert evidence daubert case instructional powers sources of evidence |
| url | https://www.e-publicacoes.uerj.br/index.php/redp/article/view/31690/22418 |
| work_keys_str_mv | AT adriansimonspino thecientificevidence AT adriansimonspino cientificevidence |