Opinia biegłego w słynnych procesach przeciwko kobietom

DOI 10.15290/cnisk.2016.01.01.05

Czasopismo Naukowe Instytutu Studiów Kobiecych

The term “indications of knowledge” used in the content of the procedural principle of free appraisal of evidence refers to the judicial body using scien-tific developments in the area of criminal proceedings. An expert’s opinion, based on the current state of knowledge, is in such cases of utmost im-portance. However, whatever the expert’s opinion evidence, it will not be bound by the courts. So how important are the opinions of experts in set-tling the doubts in a criminal case? As was shown by the analysis of several well-known trials against women, the research capacity of an expert witness always corresponded to the state of science in a relevant historical period. Unfortunately, sometimes expert witness’s opinion was not able to clear up doubts and resulted in finding a defendant not guilty. Occasionally, it was erroneous and the perpetrator was identified only as a result of coincidence. In some cases the opinion led to acquitting one person and finding another one guilty, or the opinion was not taken into account by the court at all. Nevertheless, in most cases scientific findings of an expert witness presented in an opinion dispelled the doubts of the court which significantly influenced sentencing.