23053521Y – Criminalistiek en Bewijswaardering
Samenvatting Literatuur en Hoorcolleges
Semester 1 2023-2024
, Literatuur week 2: 11-18 September
Boek Hoofdstuk 2: Interpreting Scientific Evidence.
Expert evidence usually involves the forensic scientist making an observation on some
aspect of the case and, based on knowledge and past experience, reporting interferences to the
court.
1.1 Relevance and Probative Value
The first requirement of any piece of evidence tendered in court is that it must be relevant.
In order to be considered, an item of evidence must be one that might rationally affect the
decision.
Evidence is relevant if:
o It has any tendency to make a fact more or less probable than it would be
without the evidence;
o The fact is of consequence in determining the action.
An item of evidence worth considering might cause us to increase or decrease our
probability for some proposition, which is of consequence in determining the case. ‘Good
evidence’ is the evidence which has a substantial effect on our probability.
2.1.1. Ideal and Useless Evidence
An ideal piece of evidence would be something that always occurs when what we are
trying to prove is true and never occurs otherwise (e.g., a blind person needed to determine
whether it was cloudy. Rain would not be ideal evidence since the absence of rain does not
imply the absence of clouds). DNA, conversely, gets its immense discriminating power from
those tiny parts that differ from person to person.
2.1.2. Typical Evidence
Ideal evidence is seldom found. Thus, in the real world, evidence is something that is
more or less likely to occur when what we are trying to prove is true than when it is not. Good
Samenvatting Literatuur en Hoorcolleges
Semester 1 2023-2024
, Literatuur week 2: 11-18 September
Boek Hoofdstuk 2: Interpreting Scientific Evidence.
Expert evidence usually involves the forensic scientist making an observation on some
aspect of the case and, based on knowledge and past experience, reporting interferences to the
court.
1.1 Relevance and Probative Value
The first requirement of any piece of evidence tendered in court is that it must be relevant.
In order to be considered, an item of evidence must be one that might rationally affect the
decision.
Evidence is relevant if:
o It has any tendency to make a fact more or less probable than it would be
without the evidence;
o The fact is of consequence in determining the action.
An item of evidence worth considering might cause us to increase or decrease our
probability for some proposition, which is of consequence in determining the case. ‘Good
evidence’ is the evidence which has a substantial effect on our probability.
2.1.1. Ideal and Useless Evidence
An ideal piece of evidence would be something that always occurs when what we are
trying to prove is true and never occurs otherwise (e.g., a blind person needed to determine
whether it was cloudy. Rain would not be ideal evidence since the absence of rain does not
imply the absence of clouds). DNA, conversely, gets its immense discriminating power from
those tiny parts that differ from person to person.
2.1.2. Typical Evidence
Ideal evidence is seldom found. Thus, in the real world, evidence is something that is
more or less likely to occur when what we are trying to prove is true than when it is not. Good
