Abstract
In recent years, chemistry, physics, biology and other science-based professions of forensic identification evidence have been widely used in Taiwan's criminal procedure. About one-third of all criminal cases are drug related cases. For each case, a urine sample should be taken and the GC / MS test used for confirmation of drugs. The converted replica guns and cartridges cases violate the Firearms, Ammunition and Harmful Knives Control Act needs to include wounding capability test by forensic expert. Cases of sexual offenses are required by the Deoxyribonucleic acid Sampling Act Article 5 to takes samples for forensic DNA typing. The forensic identification evidence described as above, all need to be submitted with a written report. If necessary, a forensic expert will be asked to testify in court or in cross-examination, interrogation, question, and confrontation.
The mission of forensic science is to assist the court in finding the truth. The court needs to investigate and determine the admissibility and reliability of forensic evidence. However, the courts do not have the special knowledge and experience of a professional forensic scientist. The courts and forensic experts often have different opinions. Therefore applications in practice may have many doubts and questions in urgent need of being effectively addressed.
The first section of this thesis is the introduction which describes the motivation, purpose, area, method, framework, process, limitation, and orientation of the research. This thesis uses the case analysis and statistical inference method to study judgments that resulted from a key phrase search in the judicial database. This thesis also uses a comparative empirical research to compare forensic experts, judges, and law school students through a post-class lecture in basic forensic knowledge.
The second section of this thesis is the application of forensic science at Criminal procedure which describes the admissibility, reliability and review criteria of forensic evidence, contents of the written forensic identification reports, cross-examination of expert witness, and the view of lawyers on how forensic identification evidence affects fact finding and the improvement in quality of forensic evidence. The forensic application and questioning of criminal procedure in practice are also discussed.
The third section describes questions on the application of forensic chemistry, physical, biology in criminal procedure. This includes urine and hair drug testing evidence of forensic chemistry, replica guns and cartridges wounding capability, polygraph, document, spectrograph testing evidence of forensic physical, DNA testing evidence of forensic biology, and forensic medicine evidence. In addition, there is a discussion between the relationship between judge and forensic examiner about the application of forensic evidence.
The final section comprises of the conclusion, suggestions, and directions for future research. It aggregates the various issues on the application of forensic in criminal procedure. The proposal of this thesis is that judges need to learn forensic basic knowledge; that forensic expert must have pre-trial preparation and write report with detailed process and result. The forensic identification evidence must meet the legal requirement so it can be effectively applied in the criminal procedure to help find the truth to achieve a fairer and more effective justice system.