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

This article examines the use and reliability of expert psychological evidence assessing the credibility of children's testimony in criminal justice systems, focusing on Chile and Spain. It highlights that while children’s testimony is increasingly recognized as a fundamental right and protected under international law, the methods used to evaluate its truthfulness—particularly the Statement Validity Assessment (SVA) technique—do not meet rigorous scientific standards and exhibit high error rates. Both countries apply a system of "sana crítica" (sound criticism) for evidence evaluation, but Spanish jurisprudence tends to treat such expert testimony as merely corroborative, emphasizing that ultimate credibility assessments rest with the judge, whereas Chilean practice shows broader reliance on these expert reports. The article concludes that expert evidence on children’s testimony should be used cautiously and only as peripheral support in qualified cases to minimize wrongful convictions, with courts required to provide clear, reasoned justifications when admitting or rejecting such evidence.