EXPERT EVIDENCE IN JURY TRIALS: LIMITS OF LEGAL KNOWLEDGE IN THE FACE OF TECHNICAL AND SCIENTIFIC COMPLEXITY

Abstract

This article analyzes the importance of expert evidence in jury trials, emphasizing the technical and scientific complexity involved in examinations such as forensic ballistics, crime scene investigation, metallographic examinations, weapons identification, and medico-legal examinations. It begins with the observation that such evidence frequently occupies a central position in reconstructing the dynamics of intentional crimes against life, directly influencing the jurors' convictions. However, a mismatch is observed between the sophistication of expert knowledge and the traditional training of lawyers and members of the Public Prosecutor's Office, who do not always possess sufficient technical preparation to critically interpret complex reports. This scenario compromises scientific debate and favors the substitution of technical debate with rhetorical strategies, directly impacting the quality of decisions. The article argues for the need to improve the performance of the parties involved, value the technical assistant, and foster a closer relationship between law and forensic sciences, in order to strengthen the guaranteeing function of expert evidence and promote more rational and just trials within the jury court.