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Forensic expert witnessing: An emerging need for scientific evidence in Ugandan judicial system

2023
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Advisor: Prof. Dr. Behnan Alper

Abstract (EN)

In terms of justice innovation, Uganda is one of the most active nations. People and their needs are placed at the center of justice systems thanks to Uganda's growing commitment to people-centered justice. There is a demand for justice systems to be changed to be more open to innovation and to a wider range of justice providers. Forensic expert witnessing is one way to provide this innovation. It involves testifying about findings and offering comments based on the findings of the study of evidence gathered from a crime scene. Previous studies have shown that good expert witness practise can help with prolonged and unresolved criminal injustices like wrongful convictions, unsolved crimes, unsuccessful prosecutions, and unpunished offenders. This calls for an analysis of the existing expert witnessing in the current Uganda's legal institutional framework with regard to scientific evidence to identify key recommendations necessary for best expert witness practise in Uganda. The data was collected using multiple-choice and open-ended questions and analysed qualitatively and quantitatively by a sample of 100 people from different regions and different professions. The survey consisted of 5 questions for the ministry of justice and constitutional affairs representative, 10 questions for experienced lawyers, judges, and public prosecutors, 6 questions for experienced expert witnesses, and 6 questions for the general population. It was established that there is a shortage of experienced expert witnesses in Uganda today due to the high level of specialisation required. Further still, the few highly experienced ones are in constant demand and spread thinly across the system. Moreover, the existing monitoring and accountability mechanisms that govern the work of expert witnesses are weak and ineffective since there is no specific registry of expert witnesses by field of expertise, either by qualification or experience. There is also a lack of legal framework to protect the rights, work, and payment system of the expert witness. As such, few people are knowledgeable about expert witnessing; therefore, there is a need for witness awareness programmes to be carried out in different parts of the country in order to improve Uganda's justice system.

Author

Dr. Setyabule Phıllemon

How to Cite

Setyabule Phıllemon (Master Thesis). Forensic expert witnessing: An emerging need for scientific evidence in Ugandan judicial system, 2023, Çukurova University.

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