Theoretical and Philosophical Criteria of the Standards of Evidence Applicable to Expert Opinion; “from Corroborability to Evidential Reliability”

Abstract

This article is a reflection based on scientific criteria, seeking to highlight the factual and philosophical relevance criteria that pertain to the so-called standards of evidence, particularly when applied to scientific evidence, especially expert opinions. Expert testimony is not a mere type of evidence that can be evaluated at the discretion of its interpreters (the judge and the parties). On the contrary, scientific evidence must guide the interpretative and argumentative process of both the parties and the judge when issuing a ruling, which must necessarily be based on the scientific criteria provided by the expert evidence, when it is complete and relevant.     

DOI: https://doi.org/10.52783/rcp.74