Limitations of Forensic Evidence in Criminal Proceedings in Ibero-American Countries

Abstract

In Ibero-American states, the use of forensic evidence has been adopted as a key part of the criminal justice system, though its uses are constrained by a structural, procedural, and political framework which makes it less effective. This paper outlines the primary obstacles to the use of forensic science in Spain, Portugal, and Latin America, highlighting the disparity of the system in Europe when compared to Latin America. Spain and Portugal, of the lex Iberica, get benefits from the EU’s new standardization, new laboratories, and consolidated forensic databases while many Latin American states still have poorly funded institutions, antiquated machinery, and extensive backlogs in DNA and toxicology as well as ballistics analyses. The forensic findings in some cases are also procedural scraps, which have also been heavily neglected. The civil system is predominately reliant on supportive documents and does not offer much opportunity to question the documents. Chain of custody issues are usual and the state has often resulted in the evidence which is not allowed into the court. Moreover, the lack of specialized knowledge and disparity in training, especially on subjective topics like handwriting, bite-marks, and ballistics, will lead to the more probable conclusion of error. This challenge is worsened by the political dimension. The political corruption, collusion, and manipulation involving manipulation of forensic institutions in other Latin America countries is also prevalent in cases of organized crime and state violence. The Inter-American Court of Human Rights has also been emphasizing the undue disregard over forensic evidence in cases of torture, forced disappearances, and extrajudicial killings, thus, pinpointing the structural neglect. Overall, the applicability of forensic evidence in Ibero America is under excessive strain in regard to reliability, independence, and accessibility. The disregard that has, and continues to, persist in forensic science warrants the advancement of modern infrastructure, standardized practices, and especially, institutional independence.