Relevant bibliographies by topics / Standard of proof "beyond a reasonable doubt"

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Academic literature on the topic 'Standard of proof "beyond a reasonable doubt"'

Author: Grafiati
Published: 30 May 2022
Last updated: 31 July 2025

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Journal articles on the topic "Standard of proof "beyond a reasonable doubt""

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Tuzet, Giovanni. "Certainty Beyond a Reasonable Doubt." Contemporary Pragmatism 20, no. 4 (2023): 398–423. http://dx.doi.org/10.1163/18758185-bja10076.

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Abstract The paper argues for a pragmatist understanding of the reasonable doubt standard in law. It builds on the idea that our dispositions to act signal the epistemic states we are in. This helps clarify the notion of a reasonable doubt and the idea of being certain beyond it. More specifically, the paper points out three major standards of proof used in legal contexts and the rationale of their distinction. It articulates the received view according to which the reasonable doubt standard is superior to allegedly subjective standards as the French “intime conviction”; then it addresses what
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Snigur, M. "Standard of proof ‘beyond reasonable doubt’ in criminal proceedings: analysis of national and international experience." Uzhhorod National University Herald. Series: Law 3, no. 83 (2024): 287–91. http://dx.doi.org/10.24144/2307-3322.2024.83.3.44.

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It is stated that, according to the standard of proof beyond a reasonable doubt, if there is proof beyond a reasonable doubt of the defendant’s guilt, it is sufficient for a conviction, and it is also undisputed that such a reasonable doubt must be evaluated according to the evidentiary difficulties of the particular case, as well as according to the crime committed. . The standard of proof beyond a reasonable doubt is the most acceptable standard in criminal proceedings for a fair trial. At the same time, indicating the need for courts to use this standard of proof, the legislator does not de
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Jayanto, Timbang, Wisnubroto Aloysius, and Rhiti Hyronimus. "An Analysis of the Theory of Justice against the Standard of Proof Beyond Reasonable Doubt in the Judge's Decision in the Jessica Kumala Wongso Case." INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS 07, no. 09 (2024): 4389–400. https://doi.org/10.5281/zenodo.13788789.

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This research aims to find out the theory of justice that can be used by judges in proving criminal cases in Indonesia and the use of the theory of justice in the standard of proof beyond reasonable doubt in the judge's decision in the Jessica Kumala Wongso case. This research uses normative legal research methods with legal philosophy, legislation and conceptual approaches. The data source used is secondary data consisting of primary legal materials and secondary legal materials analyzed qualitatively with deductive inference, starting with general principles and concepts about the theory of
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Lee, Youngjae. "REASONABLE DOUBT AND DISAGREEMENT." Legal Theory 23, no. 4 (2017): 203–57. http://dx.doi.org/10.1017/s1352325217000180.

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ABSTRACTThe right to trial by jury and the requirement of proof beyond a reasonable doubt are two of the most fundamental commitments of American criminal law. This article asks how the two are related, that is, whether disagreement among jurors implies anything about whether the beyond a reasonable doubt standard has been satisfied: Does the due process requirement of the beyond a reasonable doubt standard also require jury unanimity in criminal cases? Drawing on literature about the epistemological significance of disagreement, this article considers the “equal-weight view” and its implicati
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Shapiro, Barbara. "The Beyond Reasonable Doubt Doctrine: ‘Moral Comfort’ or Standard of Proof?" Law and Humanities 2, no. 2 (2008): 149–73. http://dx.doi.org/10.1080/17521483.2008.11423749.

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Tiaglo, A. V. "To Understanding of the Burden of Proof in Anglo-American Law." Forum Prava 59, Suppl. (2019): t48—t53. https://doi.org/10.5281/zenodo.3568265.

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The basic purpose of this article is to explicate understanding and verbal expression of the burden of proof in Anglo-American law. For this, the method of comparative analysis of few analogous fragments from different editions of Black’s Law Dictionary is used. As a result, firstly, the set of concepts and corresponding terms by which the burden of proof is understood and expressed is found out. In a first approximation, omitting analogous ones, it is appropriate to restrict the subset of terms, on the one hand, by "(legal) truth", "belief", "burden of persuasio
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Vecchi, Diego Dei. "Laudan’s error: Reasonable doubt and acquittals of guilty people." International Journal of Evidence & Proof 24, no. 3 (2020): 211–32. http://dx.doi.org/10.1177/1365712720914649.

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Proof beyond a reasonable doubt (BARD) is one of the most fundamental requirements of American criminal law and other legal systems. Professor Larry Laudan has criticised this requirement for several reasons. His main contention is that the BARD formula converts evidential support into subjective confidence, and is therefore not a genuine standard of proof. At the same time, Laudan holds that BARD produces a large number of guilty defendant’s acquittals due to its excessive demand for evidence. The aim of this article is to show that Laudan’s argument regarding the number of guilty defendant’s
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孙, 栋. "Study on the Application of the Proof Standard “Beyond a Reasonable Doubt”." Open Journal of Legal Science 12, no. 10 (2024): 4243–50. http://dx.doi.org/10.12677/ojls.2024.1210886.

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Kolomiiets, K. V. "THE DOCTRINE OF THE STANDARD OF PROOF IN JURISDICTION: A COMPARATIVE ASPECT." Herald of criminal justice, no. 1-2 (2021): 183–200. http://dx.doi.org/10.17721/2413-5372.2021.1-2/183-200.

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The article is devoted to the study of the doctrine of the standard of proof in judicial proceedings, as well as to the comparison of already existing standards of proof. The study of the importance of standards of proof for economic and criminal justice in particular. The purpose is to analyze the doctrines of the standards of proof in court proceedings, to establish the legal nature of the categories «probability», «beyond a reasonable doubt», as well as partially «relevance», «admissibility», «reliability», «reasonable suspicion», as well as to carry out a comparative analysis of the standa
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Pereira, Sarah dos Santos, and Leticia Lourenço Sangaleto Terron. "STANDARD PROBATÓRIO “ALÉM DA DÚVIDA RAZOÁVEL” APLICADO AO PROCESSO PENAL BRASILEIRO." Revista ft 29, no. 146 (2025): 59–60. https://doi.org/10.69849/revistaft/dt10202505311059.

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ABSTRACT The present work has as its focus, the analysis of the application of the evidentiary standard and the criterion of “Proof Beyond Reasonable Doubt” for conviction in the Brazilian criminal process, as well as to conceptualize and elucidate the evaluation of evidence and the principle of real truth. The problem in question is the absence of a standard of evidentiary production, so that punitive control is at the mercy of the discretion of the judge, leading to unjust convictions. In line, the implementation of the standard of proof would reduce the risks of miscarriage of justice. The
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Dissertations / Theses on the topic "Standard of proof "beyond a reasonable doubt""

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Степаненко, Андрій Сергійович, Андрей Сергеевич Степаненко та Andriy S. Stepanenko. "Стандарт доказування «поза розумним сумнівом» у кримінальному провадженні". Thesis, 2017. http://hdl.handle.net/11300/7009.

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Степаненко А.С. Стандарт доказування «поза розумним сумнівом» у кримінальному провадженні: дис. ... канд. юрид. наук: 12.00.09 / Степаненко Андрій Сергійович. - Одесса, 2017. - 234 с.<br>Дисертація на здобуття наукового ступеня кандидата юридичних наук за спеціальністю 12.00.09 - кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність. - Національний університет «Одеська юридична академія», Одеса, 2016. Дисертація є першим у вітчизняній науці спеціальним комплексним дослідженням стандарту доказування «поза розумним сумнівом» у кримінальному провадженні н
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Books on the topic "Standard of proof "beyond a reasonable doubt""

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Vaki, Yaniv. Meʻever le-safeḳ savir: Gemishut ha-hokhaḥah be-din pelili = Beyond a reasonable doubt. Nevo hotsaʼah le-or, 2013.

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Abrams, Dan. Man down: Proof beyond a reasonable doubt that women are better cops, drivers, gamblers, spies, world leaders, beer tasters, hedge fund managers, and just about everything else. Abrams Image, 2011.

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Simon De, Smet. Part V Fairness and Expeditiousness of ICC Proceedings, 34 The International Criminal Standard of Proof at the ICC—Beyond Reasonable Doubt or Beyond Reason? Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0034.

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Standards of proof are a common and essential feature of modern systems of adjudication. The definition of the criminal standard of proof before the ICC has, however, not been a straightforward matter. The Katanga judgment shows deep divisions among the judges on the interpretation of the international criminal standard of proof. This chapter discusses the theoretical choices involved in setting the standard of proof. It argues that any meaningful discussion of standards of proof must involve two different elements: the determination of a model of judicial fact-finding to determine how the sta
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Frédéric Gilles, Sourgens, Duggal Kabir, and Laird Ian A. Part II Burden and Standard of Proof in International Investment Arbitration, 5 Different Standards of Proof in Investor-State Arbitration. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198753506.003.0005.

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This chapter highlights the three commonly identified standards of proof in investor-state arbitration. The first is the prima facie evidence standard, which involves an examination of the facts as alleged by the claimant to see whether such facts would amount to a breach of the treaty and otherwise fall within the jurisdiction of the tribunal. The second standard is the preponderance of evidence or the balance of probabilities. This standard requires an evaluation of all the evidence produced by both parties on a particular issue and this evaluation ultimately results in the tribunal determin
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Ruble, Trent Allen. Harrison Davis: Proof Beyond a Reasonable Doubt. PublishAmerica, 2006.

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Moss, Sarah. Knowledge and persons. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198792154.003.0010.

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This chapter applies probabilistic knowledge to problems in legal and moral philosophy. It is argued that legal standards of proof require factfinders to know probabilistic contents. For instance, proof by a preponderance of the evidence requires knowledge that the defendant is at least .5 likely to be liable, whereas proof of guilt beyond a reasonable doubt requires knowledge of a significantly stronger content. The fact that legal proof requires knowledge explains why merely statistical evidence is insufficient to license a legal verdict of liability or guilt. In addition to explaining the l
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Ferguson, Gerry. Unfit to Stand Trial Canadian Law and Practice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198788478.003.0006.

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This chapter examines the Canadian law of fitness to stand trial, which has remained largely the same since its codification in 1992. It examines two major weaknesses of that law. First, the statutory definition of unfit to stand trial is unduly narrow. Secondly, the disposition imposed on the accused after a finding of unfitness still allows, at least theoretically, for indefinite detention. The chapter also analyses existing data on the actual length of detention for unfit accused. Other reform issues are also examined in this chapter. For example, is it time for Canada to abolish the practi
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Man Down: Proof Beyond a Reasonable Doubt That Women Are Better. Dreamscape Media, 2011.

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Meader, Kate, and Ramona Master. Man Down: Proof Beyond a Reasonable Doubt That Women Are Better. Dreamscape Media, 2020.

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Franklin, James. Pre-history of Probability. Edited by Alan Hájek and Christopher Hitchcock. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199607617.013.3.

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The history of the evaluation of uncertain evidence before the quantification of probability in 1654 is a mass of examples relevant to current debates. They deal with matters that in general are as unquantified now as ever – the degree to which evidence supports theory, the strength and justification of inductive inferences, the weight of testimony, the combination of pieces of uncertain evidence, the price of risk, the philosophical nature of chance, and the problem of acting in case of doubt. Concepts similar to modern “proof beyond reasonable doubt” were developed especially in the legal th
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Book chapters on the topic "Standard of proof "beyond a reasonable doubt""

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Bradley, Kieran. "Reasonable Doubt About Proof “Beyond Reasonable Doubt” in International Administrative Law." In Law for Professionals. Springer Nature Switzerland, 2024. https://doi.org/10.1007/978-3-031-71840-3_7.

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Kaye, D. H. "Do We Need a Calculus of Weight to Understand Proof Beyond a Reasonable Doubt?" In Boston Studies in the Philosophy of Science. Springer Netherlands, 1988. http://dx.doi.org/10.1007/978-94-009-2931-9_6.

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McDermott, Yvonne. "The Burden of Proof and Standards of Proof." In Proving International Crimes. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/oso/9780198842972.003.0004.

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Abstract This chapter assesses the meaning of the burden of proof and the interpretation of the presumption of innocence in international criminal trials. It also analyses the ‘no case to answer’ or ‘decision on a motion for a judgment of acquittal’ procedure as a function of the presumption of innocence, and how Trial Chambers have interpreted the requisite standard of proof for such motions. It also analyses the varying standards of proof applicable at different stages in proceedings, with a particular focus on the law and practice of the International Criminal Court and the three standards
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Moss, Sarah. "Knowledge and Legal Proof." In Oxford Studies in Epistemology Volume 7. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192868978.003.0006.

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Abstract Existing discussions of legal proof address a host of apparently disparate questions: What does it take to prove a fact beyond a reasonable doubt? Why is the reasonable doubt standard notoriously elusive, sometimes considered by courts to be impossible to define? Can the standard of proof by a preponderance of the evidence be defined in terms of probability thresholds? Why is statistical evidence often insufficient to meet the burden of proof? This paper defends an account of proof that addresses each of these questions. Where existing theories take a piecemeal approach to these puzzl
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Kwok, Kelvin Hiu Fai, and Thomas K. Cheng. "Procedural Fairness in Hong Kong Competition Law." In Antitrust Procedural Fairness. Oxford University Press, 2019. http://dx.doi.org/10.1093/law-ocl/9780198815426.003.0007.

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Abstract This chapter explores the current state of a number of procedural issues under Hong Kong's competition enforcement regime, including the party's right to legal protection, access to case file, agency engagement, and the sufficiency of judicial oversight. It further examines the case of Television Broadcasts Ltd v Communications Authority, which is arguably the only competition law case in Hong Kong. The case concerns an issue of overriding importance that is bound to be litigated under the recently enacted Competition Ordinance (CO): the applicable standard of proof under the CO. Shou
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Kolber, Adam J. "Retributivism Is Too Morally Risky." In Punishment for the Greater Good. Oxford University PressNew York, 2024. http://dx.doi.org/10.1093/oso/9780197672778.003.0006.

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Abstract For standard retributivists to inflict punishment, they must believe not only that a defendant is guilty but that all other prerequisites for deserved punishment are satisfied as well. For example, they must believe offenders have free will, even though philosophers have debated the topic for centuries. And they must believe offenders can be punished proportionally, even though no one has convincingly determined how to assess proportionality. These retributivist commitments, along with several others, are clearly controversial. One would be hard-pressed to believe a single one—let alo
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Stout, Daniel. "Proof Possible." In Persuasion after Rhetoric in the Eighteenth Century and Romanticism. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/9780191954474.003.0014.

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Abstract In our dominant story about modernity, the objective knowledge understood to be paradigmatic of the Enlightenment sweeps away other and older bodies of knowledge—among them the arts of rhetorical persuasion which emphasized context-specificity (e.g., decorum) and speaker-centered forms of authority (e.g., charisma). Once objective science is on the scene, a binary system of right and wrong or logical and illogical replaces the analog push-and-pull of persuasion. In a world of facts, there are many things to know—and nothing to be persuaded about. This essay argues that this view of mo
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McDermott, Yvonne. "Weighing the Evidence as a Whole." In Proving International Crimes. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/oso/9780198842972.003.0006.

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Abstract This chapter analyses how the entire record of evidence is assessed by the Trial Chamber in determining whether the prosecution has proven the guilt of the accused beyond reasonable doubt, an issue that has been subject to intensive judicial debate. It begins with an argument that fact-finding in international criminal trials is, by nature, a probabilistic exercise, because evidence is invariably incomplete, rarely conclusive, often ambiguous, frequently dissonant, and always with varying degrees of credibility and reliability. There will never be one clear and unambiguous conclusion,
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Roberts, Paul. "Burdens of Proof and the Presumption of Innocence." In Roberts & Zuckerman's Criminal Evidence, 3rd ed. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198824480.003.0006.

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Abstract This chapter situates orthodox common law analysis of burdens of proof and presumptions within the broader conceptual framework of ‘presumption of innocence’ (PoI), an expanded normative framing directly rooted in constitutional and human rights principles. One vital conceptual refinement is that PoI is not a ‘presumption’ in the common lawyer’s traditional evidentiary sense. At common law, Woolmington established the burden and standard of proof as fundamental constitutional principles. ECHR Article 6(2) introduced a more capacious (albeit still ‘procedural’) conception of PoI into E
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Amal, Clooney, and Webb Philippa. "3 Right to be Presumed Innocent." In The Right to a Fair Trial in International Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198808398.003.0004.

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This chapter focuses on the right to be presumed innocent, one of the most ancient and important principles of criminal justice, and a prerequisite for any system based on the rule of law. The right is absolute and non-derogable and, at its core, prohibits convictions that are predetermined or based on flimsy grounds. International human rights bodies have therefore found that where a conviction is based on non-existent, insufficient, or unreliable evidence, the presumption has been violated and a miscarriage of justice has occurred. More frequently, international human rights bodies have appl
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Conference papers on the topic "Standard of proof "beyond a reasonable doubt""

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Dolea, Igor. "Standard of proof beyond a reasonable doubt and inward belief: similarity." In Conferința științifică națională cu participare internațională "Integrare prin cercetare și inovare", dedicată Zilei Internaționale a Științei pentru Pace și Dezvoltare. Moldova State University, 2025. https://doi.org/10.59295/spd2024j.70.

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The addressed issue concerns the relation between the self-conviction rule and the standard of proof beyond a reasonable doubt. Traditionally, in the criminal procedural system of the Republic of Moldova, the rule of assessing evidence according to one’s own conviction was considered unique in the matter of evaluating evidence, a fact determined by the mixed system of which the national criminal procedure is also a part. However, currently the continental legal systems increasingly adhere to the standard of evidence beyond any reasonable doubt, characteristic of the Anglo-Saxon system. In the
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Etinski, Rodoljub. "Dokazivanje u praksi Evropskog suda za ljudska prava." In Relation between International and National Criminal Law. University of Belgrade, International Criminal Law Assotiation, 2024. https://doi.org/10.51204/zbornik_umkp_24156a.

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Evidence comes into play in the practice of the European Court of Human Rights in two situations: a) when the Court itself needs to establish facts, and b) when it is called upon to assess whether the establishment of facts by the national court has been done in accordance with the rights and freedoms guaranteed by the European Convention on Human Rights, primarily the right to a fair trial. The Court has transplanted some general standards regarding evidence from national legal systems, such as affirmanti incumbit probation and the establishment of facts beyond reasonable doubt, and has furth
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Marcus, Sherman W., and Ariel Epstein. "Proof of negative refraction: Beyond reasonable doubt?" In 2017 IEEE International Conference on Microwaves, Antennas, Communications and Electronic Systems (COMCAS). IEEE, 2017. http://dx.doi.org/10.1109/comcas.2017.8244773.

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