An American Advantage? How American and Swiss Criminal Defense Attorneys Evaluate Forensic DNA Evidence

Vuille, Joelle ; Thompson, William C.

In: International Commentary on Evidence, 2016, vol. 14, no. 1, p. 1-41

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    Summary
    Critics of the American system of justice sometimes perceive "inquisitorialism” as an attractive alternative. In this article we will report a comparative study investigating the way forensic DNA evidence is handled in criminal prosecutions in the Swiss and American systems, focusing particularly on the behavior of criminal defense lawyers. We will argue that the successes and failures of American and Swiss lawyers in this context offer important insights into the relative strengths and limitations of adversarial and non-adversarial legal systems.