Är domstolen expert på att värdera experter? - Domstolens bevisvärdering av sakkunnigbevisning
Sammanfattning: The purpose of expert evidence in criminal proceeding’s is to provide the court with specialized knowledge. Expert evidence is characterized by a certain complexity, but the nature of the evidence as a form of proof means that the court is required to evaluate its value as evidence. The purpose of this thesis is to examine what difficulties and consequences of the court's assessments of expert evidence may be associated with. Furthermore, this essay will examine whether prosecutors and defence attorneys might impact the court’s capability to make a correct evaluation of expert evidence. The study will illustrate the inherent conflict of knowledge which occurs when the actors in court are confronted with the assessment of complex expert evidence, and the risks that they are faced with, when adequate abilities to assess the same are lacking. This thesis presents cases in which expert participation has been contributing to erroneous judgments, of what appears to be a consequence of the fact that the expert evidence has been overvalued, misinterpreted or not sufficiently subjected to critical reviewing. Therefore, since it can be difficult for the court to verify the accuracy of the expert evidence it usually has a significant impact on the courts evaluation of evidence and for the outcome of the decision. This thesis furthermore states that the defence expert evidence can have an impact on the assessment of the prosecutors assertions and expert evidences are sustainable. The possibilities for the defendant and his defense attorney to provide expert evidence are however limited for various reasons. When the defense lacks sufficient possibilities to invoke expert evidence to demonstrate deficiencies in the prosecutors expert evidence as a result it also means that the defendant risks being convicted of a crime on materially incorrect grounds. There are reasons to consider whether the defense´s possibility to provide expert evidence can be better guaranteed in order to ensure the defendant´s legal security. Due to the fact that expert evidence usually has a major impact on the courts’ assessments the possibility of establishing a system of quality assurance of expert statements should also be investigated.
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