مدى حجية الوسائل العلمية الحديثة في الاثبات الجنائي في التشريع الأمريكي

Abstract EN

There is no doubt that criminal proof through modern scientific means represents the applied aspect of a system that is compatible with the current reality due to its rapid technological development, which is usually called the scientific evidence system or the technical system of proof, in line with the development of the criminal method, which has begun to exploit the results of technological development in committing new crimes.

Such as those related to the computer, especially those committed on the Internet, which are difficult to detect, if we rely only on traditional means, which are usually less effective compared to the means of committing these crimes.

There is no doubt that the technical development has provided great opportunities to benefit from the effects left by the perpetrators in the places where the crime occurred, such as brainwashing and the use of hypnosis, as well as DEOXYRIBONUCLEIC ACID D.N.A analysis in cases of biomaterials left behind, whether on the body of the victim or the offender after comparing them with what can be taken from the suspects, and the extent The possibility of subjecting them to certain medical examinations without prejudice to their basic rights and freedoms, which means the integrity of the investigations without the element of coercion and coercion.

The researcher sought to crystallize the research problem about the extent of the authoritativeness of modern scientific means in criminal proof in the American legislation in light of the use of modern scientific means such as DEOXYRIBONUCLEIC ACID D.N.A analysis, as well as the extent of the authoritativeness of brainwashing, hypnosis, and others, and the consequences thereof, because it is not sufficient for the material act that constitutes the crime to occur and its percentage.

To the doer to say that penal responsibility is established, in order for the doer to be worthy of bearing responsibility for his actions, he must have two basic qualities: awareness, discernment and freedom of choice.

Accordingly, the problem of the study can be formulated in the form of a question, which is the extent of the authority of the use of modern scientific methods in criminal proof in American legislation?.