Abstract

CALDERON ORTEGA, Michelle Andrea Nathalie  and  CUETO-CALDERON, Camilo Alberto. Applicability of the Daubert test in the psychological expert test in the Colombian penal regime: a new perspective of evidentiary evaluation. Justicia [online]. 2022, vol.27, n.41, pp.109-124.  Epub June 30, 2022. ISSN 0124-7441.  https://doi.org/10.17081/just.27.41.5680.

The lay nature of the judge before the forensic sciences makes the Colombian criminal evidentiary system, according to judicial practice, determine the epistemic reliability of the expert evidence method based on an enunciative judgment of the expert’s professional and scientific credentials; which consolidates a crisis of evidentiary assessment of the expertise by not exercising concrete control over technical-scientific knowledge. This evaluative error is prominent in psychological expertise, since it studies behavior and mental processes from complex and diverse areas of approach, theoretical models, diagnostic instruments, and scoring methods that hinder the evaluator’s evaluative analysis. The doctrine solves these epistemic problems by applying the Daubert Test, as a method of admission, practice and probative evaluation of expert evidence. Adapting the standards of the Daubert case in the evaluation of psychological expertise provide the criminal judge with a sufficient degree of knowledge to assess the expertise through the rules of science, making an exhaustive control of the scientific knowledge that the expert intends to incorporate in the process. Therefore, the purpose of this article is to determine the applicability of the Daubert criteria in the evidentiary evaluation of the psychological expert evidence in the Colombian penal regime.

Keywords : Daubert test; expert test; evidentiary assessment; psychological expertise; forensic psychology; legal psychology.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )