DNA as ‘ready-made evidence’: An analysis of Portuguese judges’ views
| Author | Susana Costa |
| Published date | 01 April 2022 |
| Date | 01 April 2022 |
| DOI | http://doi.org/10.1177/13657127211070331 |
| Subject Matter | Articles |
DNA as ‘ready-made evidence’:
An analysis of Portuguese judges’
views
Susana Costa
Centre for Social Studies - Associate Laboratory, University of Coimbra, Colégio de S. Jerónimo,
Apartado 3087, 3000-995 Coimbra, Portugal
Abstract
The introduction of biological evidence in judicial settings raises particular modes of
entanglement between professional cultures and perceptions of the probative value of evi-
dence. When DNA evidence reaches court, it also challenges the perceived margins of crit-
ical assessment of the work and understandings of previous links in the chain of custody,
like the criminal police, forensic experts and the public prosecution services. Given the
apparent neutrality of judicial institutions, how do Portuguese judges perceive and value
biological evidence? And how do judges see their articulation with other operators of
the criminal justice system? An analysis of 14 interviews carried out with Portuguese judges
reveals the challenges in the evaluation of biological evidence, which is characterised as a
‘safe haven’,groundedasitisonanindisputablescientific authority. The suggestion of the
presence of a cultural rift emerges, which, taken with the work of other epistemic cultures,
leads to biological evidence being seen as ‘ready-made evidence’on its arrival in court, thus
limiting the role of judges in its appraisal.
Keywords
biological evidence, cultural rift, epistemic cultures, inquisitorial, judges, ready-made
evidence
Introduction
From the end of the 20th century up to the present day, we have witnessed the development and expan-
sion in the uses of science and technology in many areas of social life and also in the criminal justice
system. The use of DNA technologies is one of them.
Corresponding author:
Susana Costa, Centre for Social Studies - Associate Laboratory, University of Coimbra, Colégio de S. Jerónimo, Apartado 3087,
3000-995 Coimbra, Portugal.
E-mail: susanacosta@ces.uc.pt
Article
The International Journal of
Evidence & Proof
2022, Vol. 26(2) 121–135
© The Author(s) 2021
Article reuse guidelines:
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DOI: 10.1177/ 13657127211070331
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