Prueba pericial:un enfoque comparativo del sistema penal de Colombia y EE.UU.

Abstract

The article deals with expert proof within the framework of the characteristics of Colombia's accusatory criminal system in contrast to its implementation, similarities and differences in the criminal justice of the United States. The problem posed questions the differences in expert development within the law of evidence in the two criminal systems. Thus, the general objective seeks to determine differences of a comparative type in the Colombian and United States expert evidence framework. A brief analysis is made of the reasons why a legal system can be the result of a legal transplant of systems that are relatively proven in their place of origin, as could be the case of Law 906 of 2004. It is concluded that the fundamental difference focuses on the technological distances of the two countries for the application of forensic evidence of probative importance in the first place. Secondly, the fact that the accusatory criminal system in Colombia does not concentrate its attention on research and, therefore, on expert expertise. Third, where the burden of proof falls on the United States in the accusatory and defending parties, as it is in Colombia, but in practice it is the cultural and economic elements that affect the actual practice of the use of expert witness for a better application of justice in both criminal systems