科學鑑定證據憑信性之探討－以DNA鑑定證據為例

認定犯罪事實必須依據證據。近年來各類科學鑑定證據逐漸被法院認為具備許容性用於認定犯罪事實，因此審查科學鑑定證據憑信性成為必須注意之重點。本文分析科學鑑定證據在實務運用情形，以及對於科學鑑定證據憑信性之調查與判斷。並以DNA鑑定證據為例，說明科學鑑定證據許容性與憑信性，解釋法院有審查科學鑑定證據許容性與憑信性之職責，且以一百零二位法律系學生對DNA基本知識與鑑定報告講解前後之認知理解問卷，運用Ttest統計分析，得知講解前後十個問題中有九個有顯著差異，結論之一為法學教育提供鑑定基本知識供日後審查科學鑑定證據憑信性之用，相當重要。

關鍵字

科學鑑定證據；證據許容性；證據憑信性；證據調查；證據判斷；經驗法則；論理法則； DNA鑑定證據；聚合酶連鎖反應；短串連重複序列

並列摘要

Conviction of crime based upon evidence. Over recent years, forensic science evidence has become gradually admissible by the Courts and used for conviction. Thus evaluating the reliability of forensic science has become very important. The study analyzed the use of forensic science evidence in Courts and discussed the investigation and evaluation method used to decide the reliability of forensic science evidence. DNA evidence was used as an example to discuss the method of evaluating the reliability. The role of the Court is important as they act as a gatekeeper for evaluating the admissibility and reliablity of forensic science evidence which was also discussed. The study looked at the effects of explaining essential DNA knowledge and DNA test reports. One hundred and two law students were subjects and were explained DNA knowledge. A t-test was used to test the significance of the results which showed that post-DNA explanation, students showed a significant improvement on nine out of ten questions. One of the conclusions was the providing basic forensic knowledge in law education is important in the future.

並列關鍵字

Forensic Science Evidence ； Admissibility of Evidence ； Reliability of evidence ； Investigation of Evidence ； Evaluation of Evidence ； logical Rule ； Experience Rule ； Forensic DNA Evidence ； Polymerase Chain Reaction PCR ； Short Tandem Repeats STR