Does the Law Circumvent Justice from Being Served?

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Does the Law Circumvent Justice from Being Served?

Journal Title: European Polygraph - Year 2018, Vol 44, Issue 2

Abstract

As alarming the inaccuracies of the admissible evidence are they should continue to be admitted in courts, in spite of their flaws. Th is is simply because each and every one of them, and especially as a whole, helps the courts to serve justice. The judge or juries are but human beings and in order for them to rule correctly they should have as much information as possible before rendering a decision. In addition inadmissible evidence such as the polygraph test results and more should be entering the courts. Take the polygraph for example: in a laboratory study done by Jan Widacki and Frank Horvath eyewitnesses, fingerprints and handwriting analysis were compared to the polygraph results. The study results demonstrated the superiority of the polygraph over the other evidence. A similar study conducted by Eitan Elaad produced similar results. As practiced in medicine and psychiatry diagnosis, in were the prognosis is being done upon considering any possible analysis and tests available to the practitioner, courts should be exposed in the same manner to any possible existing evidence regardless of its’ admissibility. Once having the whole picture, the courts will evaluate the evidence by its’ weight rather than by its’ admissibility and render they decision.

Authors and Affiliations

Tuvya T. Amsel

Keywords

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EP ID EP545965
DOI 10.2478/ep-2018-0007
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