Maria Mocchegiani

Scientific Knowledge and the role of the Judge: preliminary reflections

  • Abstract

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Keywords: Judges; Law and Science; Criminal Law; Peritus Peritorum; Experts.

The essay presents some critical reflections around the relationship between judges and scientific knowledge in the field of criminal justice. In particular, the essay asks whether the use of measures of inquiry such as the scientific proof risks to transfer the core of judicial decision-making outside of the trial, with a consequent weakening of the safeguard offered by article 101, co. 2 of the Italian Constitution - pursuant to which judges are subjected exclusively to the law.

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