Judges' Attitude Towards Scientific Evidence

Abstract

This article deals with the state of judges' knowledge of forensic science and their ability to evaluate scientific evidence. The results of surveys comparing the forensic knowledge of judges, defence counsel, jurors, students, and ordinary citizens, conducted in various countries, are presented, and the study focuses on the survey of Polish judges carried out in 2009. The findings are pessimistic; a great many judges do not possess adequate and sufficient knowledge for the assessment of scientific evidence. The same concerns their knowledge on eyewitness testimony. Further research should be conducted on other populations of judges in various countries. The study presents an exhaustive comparison of the results of the surveys in question, and it could make judges aware of the need to increase their forensic knowledge, and criminal justice supervisors to create proper education and training programmes intended exclusively for judges. Some remedies are proposed to improve the accountability of judges: court-appointed experts, meta-opinions, experts on eyewitness identification as well as forensic education and training of judges.