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SCIENTIFIC EVIDENCE IN CAMEROON IS OF LOW EBB: DIAGNOSIS OF THE PROBLEMS AND REFORMS

Type de record:

paper
Créateur:
A. K.
Éditeur:
A. K.
Éditeur:
HTTTC KUMBA
Hôte:avatar
The legal implications of the application of evidence in tribunal to manage dispute resolution is more judicial centric than scientific centric in Cameroon. Thus the emergence of science evidence and the judicial evidence in tribunal is posing some hardship to the judiciary. By definition, scientific evidence is the information gathered from scientific research which takes lots of time and patience to be conducted. It serves to either support or counter a scientific theory or hypothesis and it is empirical in nature to be interpreted in accordance with scientific methods. Scientific evidence culled from a scientific procedure thus, helps the trier of facts to determine the facts in issue during a judicial proceeding. The general objective of this article is to explore and analyse the level of application of scientific evidence inside courtrooms in Cameroon with the advancement of modern technology. The literature review in this work shows that there are two premises on which the concept of scientific evidence are based: the first premise holds that the challenges brought about by advance modern technology is creating an uneasy alliance between science and the law while the second holds that there is non-existence of an effective scientific framework in the judicial core in Cameroon to help judges and magistrate adequately interpreting and enforcing scientific evidence to effectuate admissibility inside courtrooms in Cameroon. To attain the above objectives and to test the proposition set out by this article. We employed an empirical study; we made use of primary and secondary data. International and regional laws are used to complement the national legislation which is paramount to this study. The data gathered from this research reveals that members of the judicial core in interpreting and enforcing scientific evidence to effectuate admissibility inside courtrooms in Cameroon face lots of challenges. We also noted that there is lack of laboratories; equipment’s experts and trained judicial staff to foster an effective collection of data to enhance the admissibility of scientific evidence in courtrooms. This article will be of academic significance to students, lecturers, legal practitioners, administrators, policymakers, institutions and consumers. It will upgrade the approach use to test scientific evidence. Key words: scientific evidence, law, low EBB.