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CRIMINOLOGICAL VALUE OF DEMONSTRATIVE EVIDENCE (FROM DEMONSTRATIVE EVIDENCE IN CRIMINAL PROCEEDINGS, 1979, SEE NCJ-63957)

NCJ Number
63958
Author(s)
K GEMMER
Date Published
1979
Length
7 pages
Annotation
THE SIGNIFICANCE OF CIRCUMSTANTIAL EVIDENCE IN MODERN CRIMINOLOGY IS EVALUATED, AND THE IMPORTANCE OF HUMAN INTELLIGENCE IN ANALYZING THE EVIDENCE IS EMPHASIZED.
Abstract
DEMONSTRATIVE EVIDENCE INCLUDES ALL MATERIAL TRACES AND FINDINGS WHICH ASSIST IN RECONSTRUCTING AN OFFENSE AND IN APPREHENDING AND CONVICTING AN OFFENDER. SINCE THE BEGINNING OF THE 20TH CENTURY, DEMONSTRATIVE EVIDENCE HAS BEEN CONSIDERED AS MORE OBJECTIVE THAN DIRECT WITNESS TESTIMONY OR OFFENDER CONFESSIONS BECAUSE IT FOLLOWS SCIENTIFIC LAWS AND CAN BE EASILY VERIFIED. TODAY, ADVANCED TECHNOLOGY (ESPECIALLY DATA PROCESSING, SPECTOMETRY, AND THE ELECTRON MICROSCOPE) SIMPLIFIES AND IMPROVES ALL PHASES OF THE INVESTIGATIVE PROCESS. DESPITE THIS PROGRESS, THE HUMAN INTELLIGENCE WHICH GATHERS AND INTERPRETS AVAILABLE EVIDENCE CONTINUES TO BE OF THE UTMOST IMPORTANCE. PRESENTLY, HUMAN SKILLS IN DETECTING AND SECURING CIRCUMSTANTIAL EVIDENCE ARE LAGGING BEHIND THE STRICTLY SCIENTIFIC ACHIEVEMENTS, AND, WHERE CIRCUMSTANTIAL EVIDENCE IS UNAVAILABLE, EXPERTS QUALIFIED TO INTERPRET THE SUBJECTIVE ASPECTS OF AN OFFENSE ARE MISSING. DESPITE THE POSSIBILITIES FOR ERROR, DIRECT WITNESS TESTIMONY COMBINED WITH THE INVESTIGATORS' DEDUCTIVE AND INTUITIVE POWERS WILL RETAIN ITS SIGNIFICANCE IN THE FUTURE. TO TAKE FULL ADVANTAGE OF DEMONSTRATIVE EVIDENCE AND ITS NEW POSSIBILITIES, CRIMINOLOGISTS AND TECHNICAL EXPERTS MUST WORK TOGETHER IN EXAMINING AND EVALUATING ALL AVAILABLE CLUES. --IN GERMAN. (SAJ)

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