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In search of a free movement of forensic evidence : towards minimum standards to determine evidence admissibility?

Sofie Depauw (UGent)
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Abstract
In coming to a European Forensic Evidence Area, an European Union ambition to be reached by 2020, judicial cooperation in criminal matters should be levelled-up. Grounded on the legal basis provided by the Lisbon Treaty, this research identifies the minimum standards to be developed by looking into the actions taken both from a legal and from a forensic-scientific perspective to standardise the collection, storage and use of forensic expert evidence. In examining the feasibility of such standards, primary sources of legislation, policy documents and case-law on a European level are compared with a comparative study of domestic norms in six jurisdictions. Depending on the phase in the chain of custody and fundamental principle involved, but also on the level of cooperation between the forensic and legal actors, it was noticeable that the comparison led to different conclusions, depending on the refusal grounds provided by the member states and the necessity of intervention at the European level to safeguard the underlying fundamental values.
Keywords
Evidence admissibility, Judicial cooperation in criminal matters, Forensic evidence

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Please use this url to cite or link to this publication:

MLA
Depauw, Sofie. “In Search of a Free Movement of Forensic Evidence : Towards Minimum Standards to Determine Evidence Admissibility?” JOURNAL OF FORENSIC AND LEGAL MEDICINE, vol. 74, 2020, doi:10.1016/j.jflm.2020.102021.
APA
Depauw, S. (2020). In search of a free movement of forensic evidence : towards minimum standards to determine evidence admissibility? JOURNAL OF FORENSIC AND LEGAL MEDICINE, 74. https://doi.org/10.1016/j.jflm.2020.102021
Chicago author-date
Depauw, Sofie. 2020. “In Search of a Free Movement of Forensic Evidence : Towards Minimum Standards to Determine Evidence Admissibility?” JOURNAL OF FORENSIC AND LEGAL MEDICINE 74. https://doi.org/10.1016/j.jflm.2020.102021.
Chicago author-date (all authors)
Depauw, Sofie. 2020. “In Search of a Free Movement of Forensic Evidence : Towards Minimum Standards to Determine Evidence Admissibility?” JOURNAL OF FORENSIC AND LEGAL MEDICINE 74. doi:10.1016/j.jflm.2020.102021.
Vancouver
1.
Depauw S. In search of a free movement of forensic evidence : towards minimum standards to determine evidence admissibility? JOURNAL OF FORENSIC AND LEGAL MEDICINE. 2020;74.
IEEE
[1]
S. Depauw, “In search of a free movement of forensic evidence : towards minimum standards to determine evidence admissibility?,” JOURNAL OF FORENSIC AND LEGAL MEDICINE, vol. 74, 2020.
@article{8674935,
  abstract     = {{In coming to a European Forensic Evidence Area, an European Union ambition to be reached by 2020, judicial cooperation in criminal matters should be levelled-up. Grounded on the legal basis provided by the Lisbon Treaty, this research identifies the minimum standards to be developed by looking into the actions taken both from a legal and from a forensic-scientific perspective to standardise the collection, storage and use of forensic expert evidence. In examining the feasibility of such standards, primary sources of legislation, policy documents and case-law on a European level are compared with a comparative study of domestic norms in six jurisdictions. Depending on the phase in the chain of custody and fundamental principle involved, but also on the level of cooperation between the forensic and legal actors, it was noticeable that the comparison led to different conclusions, depending on the refusal grounds provided by the member states and the necessity of intervention at the European level to safeguard the underlying fundamental values.}},
  articleno    = {{102021}},
  author       = {{Depauw, Sofie}},
  issn         = {{1752-928X}},
  journal      = {{JOURNAL OF FORENSIC AND LEGAL MEDICINE}},
  keywords     = {{Evidence admissibility,Judicial cooperation in criminal matters,Forensic evidence}},
  language     = {{eng}},
  pages        = {{7}},
  title        = {{In search of a free movement of forensic evidence : towards minimum standards to determine evidence admissibility?}},
  url          = {{http://doi.org/10.1016/j.jflm.2020.102021}},
  volume       = {{74}},
  year         = {{2020}},
}

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