The Admissibility and Weighing of Forensic Evidence from the Supreme Court’s Judgment

Main Article Content

Sirinrat Khankaew
Woratouch Witchuwanich

Abstract

            The purpose of this study is to carry out content analyses of the Supreme Court’s judgment regarding the admissibility and weighing of forensic evidence. A total of 11 adjudications with forensic evidence in the judicial process was studied. The researchers explored the verdicts from the Supreme Court and then analyzed the guidelines of forensic evidence admissibility, weighing of evidence and the identification of relevant key issues. There were nine cases that the Supreme Court accepted forensic evidence while the others denied the admissibility of forensic evidence.


           The results of this study revealed that the analysis of cases involving forensic science had utilized the knowledge of forensic investigations for preponderance and admissibility of evidence along with the testimony of relevant witnesses, the parties involved, the plaintiff and the defendant and officials working in the judicial process and operating procedures to obtain evidence. These procedures were conducted in order to provide impartiality in the process of preponderance hearing and weighing evidence. This could also identify causes, procedures and modus operandi of the defendant. Moreover, it could be able to bring the offender to justice. Regarding the process of preponderance and admissibility of forensic evidence, there were no fixed rules but the procedures needed to be under the provisions of the law that gave the power to consider various pieces of evidence. Notably, the court might not admit technology, body of knowledge, and forensic processes, to prove someone’s guilt or innocence, especially when the process of forensic evidence collection was conducted without standards or when only the opinion of expert witnesses was expressed.

Article Details

How to Cite
Khankaew, S., & Witchuwanich, W. . (2020). The Admissibility and Weighing of Forensic Evidence from the Supreme Court’s Judgment . Journal of Criminology and Forensic Science, 6(1), 105–119. retrieved from https://so02.tci-thaijo.org/index.php/forensic/article/view/202825
Section
Research Articles

References

Bitzer, S. et al. (2015). Utility of the Clue -From Assessing the Investigative Contribution of Forensic Science to Supporting the Decision to Use Traces. Science & Justice Journal, 55(6), 509-513.

Kitboon, A. (2015). Forensic Evidence on Social Justice. Law Courses Justice for Reducing Social Inequalities, College of Justice Bureau of Justice Affairs, Ministry of Justice.

Padawan, K. (2013). Prosecutor’s Perspective Underpinning Per Verification to Forensic Science: Studies and Documentation Proofing only Opposed to Counterfeiting Handwriting and Signature. Master of Science Independent Study, Silpakorn University, Nakhon Pathom. (In Thai).

Poonsrikarn, K. (2011). Weight of Evidence and Admissibility Biological of Evidence. Master of Science Independent Study, Silpakorn University, Nakhon Pathom. (In Thai).

Sinloyma, P. (2017). Solving Crime Problems with Forensic Science. Supporting Documents for Lecture Training Program High-Level Fair Service 8th. Bangkok: Office of Justice Affairs. (In Thai).

Wannasaeng, P. (n.d.). Admissibility in Criminal Case. Retrieved October 10, 2017, from https://www.stou.ac.th/schoolsweb/law. (In Thai).