Miscarriage of justice and expert evidence on the credibility of children's testimony: Some issues regarding its use in Chile and Spain

Abstract

The purpose of this article is to examine the expert evidence on the credibility of children's testimony and the potential risks it poses as a source of error in the criminal justice system. To achieve this, under the regulatory prism of Chile and Spain, we will identify the main techniques and procedures commonly used in this type of evidence and we will explain how their high margin of error does not align with the requirements of the presumption of innocence and reasonable doubt. Therefore, due to its questionable status as regards reliability and acceptability, we will conclude that this evidence should only be used as peripheral corroborative support of testimony in qualified cases, aiming to minimise its potential negative impact on the wrongful conviction of innocent individuals.