Nesso di causalità in materia penale: Il ruolo dell'epidemiologia

Translated title of the contribution: Causality and criminal trial: The role of epidemiology

C. Zocchetti, L. Riboldi

Research output: Contribution to journalArticlepeer-review

Abstract

This paper focusses on the role of epidemiology in demonstrating causality in criminal trials of toxic tort litigation. First of all, consideration is given of the specificity of the criminal trial and of the role of the epidemiologist as expert witness. As a second step the concept of causality is examined separating general from specific (individual level) causality. As regards general causality, strategies based on some criteria (example: Bradford-Hill criteria) are contrasted with approaches that do not consider causality a matter of science but one of health policy; and specific methods frequently used (meta-analysis, risk assessment, International Boards evaluation, ...) are discussed, with special reference to the adoption of high-level standards and to the context of cross-examination. As regards individual level causality the difficulties of the epidemiologic approach to such evaluation are stressed, with special reference to topics like expected value, attributable risk, and probability of causation. All examples are taken from Italian court trials. A general comment on the difficulties of using the criminal trial (dominated by the "but for" rule) for toxic tort litigation and on the opportunity to switch to trials (civil, administrative) with less stringent causal rules ("more probable than not") is offered, with a consideration also of what are called "class actions".

Translated title of the contributionCausality and criminal trial: The role of epidemiology
Original languageItalian
Pages (from-to)292-293
Number of pages2
JournalGiornale Italiano di Medicina del Lavoro ed Ergonomia
Volume25
Issue number3
Publication statusPublished - Jul 2003

ASJC Scopus subject areas

  • Public Health, Environmental and Occupational Health
  • Rehabilitation

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