Use of modern day technology in (italian) criminal proceedings: chances and risks.

Nicola Canestrini Copenhagen, october 4th, 2014

www.CanestriniLex.com

Italian criminal justice system

“semi-adversarial”

in fact: inquisitorial

approach

Do we need technology in criminal proceedings?

“Technology

changes

everything,

crime trial

included”

benefits

efficiency of the

criminal trial and law

enforcement

risks

flawed forensics

BENEFITS

internal efficiency

2012 approx 4.7 million pending criminal cases in Italy (!)

law enforcement

house arrest with electronic bracelet monitoring

realization of fair trial

record of court hearings

forensic evidences (DNA Testing, Fingerprint comparison, GPS, Telephone and Email sniffing, ..)

witness protection

organized crime ti)

Trial via video conference

No matter of fundamental right violation (Consitutional

Court, n. 342/1999)

security reasons

complexity of trail if

introduced 1998 for

defendants and “cooperative”

witnesses

organized crime

terrorism

RISKS causes of innocent convictions are:

suggestive or unreliable eyewitness identifications

invalid or vague forensics

(Garret, 2012)

ti)

Flawed forensics

reliability / validity of the

method

Daubert v. Merrell Dow Pharmaceuticals (1993)

“CSI effect”

need for strong forensic evidence for guilt

Expert: “Mouth of Truth”?

role of the defense

effective cross examination?

defense experts?

legal aid effectiveness

“Junk science sent me to prison, but real science proved my innocence”

MASS COMUNICATION TECHNOLOGY

VS.

ti)

Presumption of innocence,

right to a fair trial and to

respect for private and

family life (art. 6, 8)

Freedom of expression and

information (art. 10)

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