공판중심주의가 법의학적 감정에 미치는 영향

• 영문명: A effect that the expert opinion on the forensic Medicine is influenced in the connection with court-oriented Trials
• 발행기관: 한국형사정책학회
• 저자명: 정웅석(JEONG Oung-Seok)
• 간행물 정보: 『형사정책』刑事政策 第19卷 第2號, 283~304쪽, 전체 22쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

  The use of the expert opinion on the forensic Medicine is faced a new aspect in the connection with court-oriented Trials. In Future, Courts will be frequently confronted with sofisticated techniques such as fingerprints, polygraph, DNA profiling. Especially, With relation to the judicial Reform in Korea, which is limiting the use of confessions, the use of the expert opinion on the forensic Medicine will be greatly increased in the foreseeable future.
  In America, According to Frye test in 1923, the Frye “general acceptance” test became the dominant standard to determine the admissibility of testimony for more than half a century. But in 1993, the Supreme Court settled the issue, holding in Daubert v. Merrell Dow Pharmaceuticals that the “austere standard” of Frye, that “made ‘general acceptance’ the exclusive test for admitting expert scientific testimony”, was “incompatible with the Federal Rules and should not be applied in federal trials”. If nothing else, the 2000 amendmend to Rule 702(Testimony by Experts) might provide better insight into why expert testimony is being admitted or excluded. Namely, Rule 702 requires that a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case. Although the expert witness of Korea is different from the American conuterparts, Federal Rules and Trials will be a good model to Korea courts.

목차

Ⅰ. 서설
Ⅱ. 공판중심주의에 따른 법의학적 감정의 필수요건
Ⅲ. 감정 등의 공판정 현출방법
Ⅳ. 공판중심주의에 따른 법의학적 감정의 향후과제
Ⅴ. 결론
ABSTRACT

키워드

공판중심주의 감정 프라이심사 도버심사 전문가증언 court-oriented Trials expert opinion Frye-test Daubert-test expert witness