Different Methods of Determining Facts of the Case in Law Compared to other Scientific Disciplines

Abstract

Article deals with specific methods of determining facts of a case in criminal law compared to other scientific disciplines and explains occasional reasons for seemingly different decisions of clarks, policeman, prosecutors or judges contrary to experts that drew up their expert evaluation of the case. Outcomes of the article can be applied on any criminal cases. By examples, the article focuses on methods of determining facts of criminal cases, especially traffic accidents, but also healthcare. Criminal law methods are bound by strict criteria of „beyond reasonable doubt“ principle, which is a completely different principle in comparison to methods of other scientific branches. Based on three examples article gradually describes „phenomenon isolation method“, that is fundamental for criminal law and compares it to other methods typical for other scientific fields. Article is close to literal quotation of oral contribution of its author to Expert forensic science conference that took part on 26.–27. January 2023 in Mikulov, Czechia.