Abstract
This article investigates the use of DNA evidence in civil adjudication especially for the purposes of proving paternity. The article will examine how Greek courts’ jurisprudence understand, and deploys DNA evidence and expert witnesses. Our analysis will articulate the normative, doctrinal and inferential issues around the use of DNA evidence, and show how civil courts violate the principle of free evaluation of evidence, cede the judges’ decision-making prerogative, and tolerate a form of methodologically unwarranted and procedurally forbidden activism from expert witnesses. We will, finally, adumbrate elements of legal dogmatics that systematise the Greek law of evidence with emphasis on expert witness testimony, and enable smooth communication between triers of fact and expert witnesses.
Translated title of the contribution | DNA-Profiles and Proof of Paternity: Does the DNA-profile speak for itself? |
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Original language | Multiple languages |
Specialist publication | Εφαρμογές Αστικού Δικαίου |
Publication status | Unpublished - 2 Oct 2020 |
Keywords
- dna-profiles
- proof of paternity
- decision-making
- ultimate issue
- expert witnesses
- decision-making prerogatove