Modern technology in italian criminal proceedings

Use of modern day technology in

(italian) criminal proceedings:

chances and risks.

Nicola CanestriniCopenhagen, october 4th, 2014

www.CanestriniLex.com

Italian criminal justice system

“semi-adversarial”

in fact: inquisitorial

approach

Do we need technology in criminal proceedings?

“Technology changes everything, crime trial included”

benefitsefficiency of the criminal trial and law enforcement

risks flawed forensics

BENEFITS

internal efficiency

2012 approx 4.7 million pending criminal cases in Italy (!)

law enforcement

house arrest with electronic bracelet monitoring

realization of fair trial

record of court hearings

forensic evidences (DNA Testing, Fingerprint comparison, GPS,

Telephone and Email sniffing, ..)

witness protection

organized crime ti)

Trial via video

conference

No matter of fundamental right violation (Consitutional

Court, n. 342/1999)

security reasons

complexity of trail

if

introduced 1998 for

defendants and “cooperative”

witnesses

organized crime

terrorism

RISKS causes of innocent

convictions are:

suggestive or

unreliable eyewitness

identifications

invalid or vague

forensics

(Garret, 2012)ti)

Flawed forensics

reliability / validity of the

method

Daubert v. Merrell Dow

Pharmaceuticals (1993)

“CSI effect”

need for strong forensic

evidence for guilt

Expert: “Mouth of Truth”?

role of the defense

effective cross examination?

defense experts?

legal aid effectiveness

“Junk science sent me

to prison, but real

science proved my

innocence”

MASS COMUNICATION

TECHNOLOGY

VS.

ti)

Presumption of innocence,

right to a fair trial and to

respect for private and

family life (art. 6, 8)

Freedom of expression and

information (art. 10)

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