When Law Encounters with Science: The Development and Challenge of Modern Law of Evidence in Taiwan

• In Event: Crisis or Turning Point: Continuity and Rupture of the Taiwanese Legal System and Social Changes

Abstract

Scientific evidence is one of characteristics of modern criminal procedure. The expert witnesses testifying in the modern criminal trial is given the task of translating the "facts" constructed within scientific discourse into facts which will be recognized by the authority of law. Therefore, modern criminal trials involve a two-side interaction between legal knowledge and scientific knowledge. How do they interact with each other to construct facts? Do this kind of institutional practices produce justice or error in criminal justice system? And how do these institutional practices connect with the society? How do people view such institutions and their practice? This essay adopts the historical approach and review official documents, court record and printed media to analyze the evolution of scientific evidences in Taiwanese modern criminal trials. Moreover, I observed some criminal trials since the introduction of modern criminal procedure into Taiwan, especially paying close attention on the role of the expert witnesses’ testimony and their use of facts in accordance with scientific method. Based on the historical narrative, I try to reflect the relation between law, science and the society.

Author

• Cheng-Yu Lin, Kyoto University