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Journal articles 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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1

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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5

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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6

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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8

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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9

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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Baker, Dennis J. "Accusation as Proof: Uncorroborated Historic Sexual Abuse Allegations." Journal of Criminal Law 84, no. 2 (2019): 105–23. http://dx.doi.org/10.1177/0022018319897174.

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This article examines the potential miscarriage of justice upheld in the Supreme Court of Victoria in Pell v The Queen. Firstly, the alibi evidence produced by the defence team was sufficient to make the probability of Cardinal Pell not having an opportunity to perpetrate the crimes a real issue. Once an alibi had been made an issue, the Crown had to prove beyond reasonable doubt that there was no probability above 15 per cent that Cardinal Pell had an alibi—not rely on the defence submission that there was a 100 per cent probability of no alibi because of impossibility. The evidence at a mini

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Othuke, Amata Aso. "The proof of criminal allegation in election petitions: A critique of the traditional approach." Kampala International University law journal 6, no. 2 (2024): 141–51. https://doi.org/10.59568/kiulj-2024-6-2-07.

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One of the evidential issues in election petitions is the requirement that criminal allegations be proved beyond a reasonable doubt. Ostensibly, the position of the Nigerian judiciary stems from the provisions of the Evidence Act, which relates to the standard of proof in civil or criminal cases. Using analytical research, with data sourced from a review of decided cases, the paper sought to interrogate the issues surrounding the application of the status quo - proof beyond a reasonable doubt to an election petition and the herculean evidential burden on a petitioner to prove. The paper critiq

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13

Tiaglo, Alexander. "ON COMPREHENSION OF PROOF IN ANGLO-AMERICAN LAW." Bulletin of Yaroslav Mudryi National Law University. Series: Philosophy, philosophy of law, political science, sociology. 47, no. 4 (2020): 8–23. https://doi.org/10.21564/2075-7190.47.218952.

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Problem setting and objectives. Concept ofproof beyond reasonable doubt was introduced to the Ukrainian law in 2012 only. In order to grasp and use this innovation properly, evolution and current state o f general comprehension ofproof in Anglo-American law is studied. For this, a comparative analysis o f similar fragments from several Black’s Law Dictionary editions (1891-2009) is performed. Paper main body. Cluster o f terms (and relevant concepts), by which proof in law, or judicial proof, is expressed (and comprehended), includes now «proof» and «evidence», &l

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14

Newman, J. O. "Quantifying the standard of proof beyond a reasonable doubt: a comment on three comments." Law, Probability and Risk 5, no. 3-4 (2007): 267–69. http://dx.doi.org/10.1093/lpr/mgm010.

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Ricciardelli, Lauren A., and Kevin M. Ayres. "The Standard of Proof of Intellectual Disability in Georgia." Journal of Disability Policy Studies 27, no. 3 (2016): 158–67. http://dx.doi.org/10.1177/1044207316637546.

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Despite being the first state to abolish the capital punishment of defendants with intellectual disability (ID), Georgia is currently the only state to uphold what is considered to be the most stringent standard of proof of ID in the United States: beyond a reasonable doubt. Other states have implemented less stringent standards of proof (i.e., a preponderance of the evidence and clear and convincing evidence). Although the U.S. Supreme Court ruled the execution of persons with ID unconstitutional in the 2002 Atkins decision, states are at this juncture considered to have a great deal of discr

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Ricciardelli, Lauren A., and Kristina Jaskyte. "A Value-Critical Policy Analysis of Georgia’s Beyond a Reasonable Doubt Standard of Proof of Intellectual Disability." Journal of Disability Policy Studies 30, no. 1 (2019): 56–64. http://dx.doi.org/10.1177/1044207319828404.

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The U.S. Supreme Court’s Atkins v. Virginia decision barred the execution of persons with intellectual disability, but provided minimal specification regarding adjudication. One exception to the lack of instruction was the recommendation that states generally conform to accepted clinical practice and norms, positioning professional associations to take an important role in this discourse. This study uses Chambers and Wedel’s value-critical method of analysis to examine the policy element, standard of proof of intellectual disability, within Georgia’s 1988 statute prohibiting the execution of p

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Тягло, А. В. "К пониманию бремени доказательства в англо-американском праве". Форум права 54, № 1 (2019): 69–76. https://doi.org/10.5281/zenodo.2563155.

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С целью экспликации средств понимания и выражения бремени доказательства в англо-американском праве проведен сравнительный анализ аналогичных фрагментов ряда изданий юридического словаря Блэка. Установлена совокупность понятий и соответствующих терминов, в которых понимается и выражается бремя доказательства. Показано, что она сформировалась и развивается в логическом, риторическом и юридическом измерениях. Выдвинуто предположение, что это касается всех элементов кластера понятий, в которых мыслится юридическое доказательство, включая понятие доказательства вне разумного сомнения. Многомерност

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18

Aguilera, Edgar R. "Some implications of an epistemic-intersubjective interpretation of the “beyond all reasonable doubt” standard of proof for criminal investigations." CIENCIA ergo sum 27, no. 2 (2020): e89. http://dx.doi.org/10.30878/ces.v27n2a10.

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The essay introduces Professor Ferrer’s proposal to endow the widely employed criminal standard of proof of guilt beyond all reasonable doubt, with epistemic-intersubjective (as opposed to psychological-subjective) content. In analyzing the positive implications of adhering to this interpretation, the author argues it is a promising way to start eroding Mexico’s authoritarian model of criminal investigation, and to put in place an innocence-disproving culture instead.

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Mezinov, Dmitry A. "THE STANDARD “BEYOND REASONABLE DOUBT” AS A CRITERION FOR ACHIEVING THE PURPOSE OF CRIMINAL PROCEDURE PROOF." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 23 (March 1, 2017): 40–47. http://dx.doi.org/10.17223/22253513/23/5.

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20

Тягло, А. В. "О стандартах доказательства". Форум права, № 1 (27 лютого 2018): 88–94. https://doi.org/10.5281/zenodo.1239007.

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Выполнено компаративное исследование стандартов доказательства, принятых в общей логике и в юриспруденции, а соответственно – в юридической логике. С этой целью проанализировано наследие Аристотеля, Г.В. Лейбница, Ч. Беккариа, А.Т. Деннинга и др. Показано, что в юриспруденции общелогический стандарт доказательства следует признать необходимым, но не достаточным. Поэтому здесь необходимо привлечение дополнительных юридических стандартов, например стандарта «вне разумного сомнения». В отличие от общелогического, принятые в юриспруденции стандарты доказательства и

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21

Hahn, Judith. "Moral Certitude: Merits and Demerits of the Standard of Proof Applied in Roman Catholic Jurisprudence." Oxford Journal of Law and Religion 8, no. 2 (2019): 300–325. http://dx.doi.org/10.1093/ojlr/rwz012.

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Abstract In Roman Catholic canon law, moral certitude describes the ecclesiastical judge’s full conviction that a defendant is guilty or that a statement of claim made by a civil plaintiff is rightful. Moral certitude is the requirement for a conviction or a civil sentence in favour of the party under the burden of proof. Secular legal orders apply other standards. Anglo-American legal cultures mostly refer to the beyond a reasonable doubt standard in criminal cases, the preponderance of evidence, or the clear and convincing evidence standard in civil matters. Continental European cultures pre

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22

VAPNIARCHUK, Viacheslav V., Volodymyr M. TROFYMENKO, Olha G. SHYLO, and Volodymyr I. MARYNIV. "Standards of Criminal Procedure Evidence." Journal of Advanced Research in Law and Economics 9, no. 7 (2019): 2462. http://dx.doi.org/10.14505//jarle.v9.7(37).34.

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The strategy of integration development of Ukraine envisages, in particular, the implementation of international standards of justice in the legal system of Ukraine. The article explores the essence of such a legal category as ‘the standard of criminal procedural proof’. The rules of evidence in the Anglo-Saxon and continental legal systems in the context of this issue are analyzed, as well as domestic criminal procedural legislation on the peculiarities of assessment of evidence in various criminal proceedings and at various stages. Conclusions are made on the existence of objective evidence

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23

Bicknell, Christine. "Uncertain Certainty?: Making Sense of the European Court of Human Rights’ Standard of Proof." International Human Rights Law Review 8, no. 2 (2019): 155–87. http://dx.doi.org/10.1163/22131035-00802001.

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The European Court of Human Rights (ECtHR) declares a single standard of proof (‘SoP’): proof beyond reasonable doubt (‘brd’). Yet the accuracy of this claim and the threshold’s appropriateness have both been challenged. This article uniquely considers and clarifies the Court’s interpretation and application of its SoP. Demonstrating SoP is capable of both broad and narrow interpretations, it shows the Court interprets SoP only narrowly. This understanding confirms brd as the applicable standard, whose use is then considered through detailed examination of the case law. The analysis shows that

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24

But, Illia. "Application of the Balance of Probabilities Standard of Proof in Judicial Practice." Law Review of Kyiv University of Law, no. 4 (December 30, 2020): 227–33. http://dx.doi.org/10.36695/2219-5521.4.2020.40.

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The paper describes key standards of proof used in common law countries: balance of probabilities and beyond reasonable doubt,applied in judicial practice in the UK, and the criminal standard beyond reasonable doubt, civil standard preponderance of evidence,and interim standard clear and convincing evidence, applied in judicial practice in the USA. The author identifies main conditions for application of the balance of probabilities standard in foreign judicial practice: 1) thisstandard is not merely a surmise based on guesses or suspicions; such surmise shall be based on certain evidenc

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Karnaukh, Bohdan. "Proof of Causation in Tort Cases." Studia Iuridica 82 (March 2, 2020): 149–60. http://dx.doi.org/10.5604/01.3001.0013.9616.

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The article addresses the problem of uncertainty over causation in tort cases. It reveals the interconnection between burden of proof and standard of proof. The author provides a comparative overview of approaches to standard of proof in common law and civil law systems. It is argued that while in common law there are two different standards viz: beyond-reasonable-doubt-standard for criminal cases and balanceof-probabilities standard for civil cases in civil law system there is only one standard applicable both to criminal and civil cases. With comparative analysis in the background the articl

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Drozdov, Oleksandr, Volodymyr Hryniuk, Serhii Kovalchuk, Liliia Korytko, and Galyna Kret. "The standard of proof “beyond a reasonable doubt” in criminal proceedings of Ukraine in the context of the ECHR case-law." Revista Amazonia Investiga 10, no. 46 (2021): 281–89. http://dx.doi.org/10.34069/ai/2021.46.10.28.

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The purpose of the paper is to determine a content of the standard of proof “beyond a reasonable doubt” (SP “BRD”) in the ECHRcase law and Ukrainian criminal proceedings by defining the criteria that characterize it. The subject is the SP “BRD”, doctrine of Ukraine and case-law, including its criticism by the individual judges of the ECHR and Ukrainian scholars. The research methodology includes the methods of analysis, the method of synthesis, the methods of deduction and induction, comparative-legal method, systematic and formal-legal methods. The results of the study. The acceptability of t

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27

Mazza, Michael J. "Moral Certainty in Uncertain Times: The Importance of Standards of Proof When Responding to Accusations of Clerical Misconduct." Jurist: Studies in Church Law and Ministry 79, no. 2 (2023): 285–323. http://dx.doi.org/10.1353/jur.2023.a915491.

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ABSTRACT: Recent high profile civil and criminal trials in the United States and elsewhere have reinforced the importance of due process in an age of snap judgments. Similarly, Catholic priests accused of misconduct often seem to be assumed guilty until proven innocent, even within the Church, despite the principle of the presumption of innocence, now contained in canon 1321 §1, and the moral certainty standard of proof in canon 1608. This article reviews the various standards of proof under both civil and canon law, discusses their origin, and highlights their fundamental importance in the cu

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28

Balats, R. M. "Standardisation of prof by investigating judges when exercising their powers to consider requests for permission to conduct procedural actions." Bulletin of Kharkiv National University of Internal Affairs 101, no. 2 (Part 2) (2023): 201–12. http://dx.doi.org/10.32631/v.2023.2.49.

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Based on the modern achievements of the national science in criminal procedure and the development of the theory of evidence in criminal proceedings, in particular, its standardization, the author examines the theoretical prerequisites for standardization of evidence by an investigating judge when considering requests for permission to conduct procedural actions. The following conclusions are emphasised: 1) the concepts of functions and powers of an investigating judge are multilevel, and powers are of optional, auxiliary significance in relation to the function. The function of judicial contr

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29

Chen, Max Hua. "Adoption of Clear Convincing Evidence in Hong Kong." American Journal of Trade and Policy 9, no. 2 (2022): 71–76. http://dx.doi.org/10.18034/ajtp.v9i2.622.

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Drawing from overseas practices, namely the law in England & Wales (E&W) and the law in the United States (US), this article will critically discuss whether a higher standard of proof of ‘clear and convincing evidence (CCE) should be adopted in non-criminal proceedings in Hong Kong (HK), and if so, in what types of cases. Consequently, because the 'balance of probabilities ("BOP") and 'beyond reasonable doubt' ('BRD') standards have themselves proved to be highly complex, and jurors have found these standards even more complicated to understand, the introduction of an intermediate CCE

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30

Tiaglo, O. V. "On understanding of proof in English and American law." Bulletin of Kharkiv National University of Internal Affairs 81, no. 2 (2018): 13–27. http://dx.doi.org/10.32631/v.2018.2.01.

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This research paper is devoted to explication of understanding of proof in English and American law by means of study of its evolution and current condition. To get this aim the comparative analysis of few similar fragments from the Black’s law dictionary is completed. It is concluded, firstly, that concept of judicial proof grasps both process of presentation of legal evidence and its effects – conclusion, supported by system of the evidence, and belief to this conclusion, induced in minds of relevant persons. Secondly, cluster of (concepts and relevant) terms, by which proof in E

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DeKay, Michael L. "The Difference between Blackstone-Like Error Ratios and Probabilistic Standards of Proof." Law & Social Inquiry 21, no. 01 (1996): 95–132. http://dx.doi.org/10.1111/j.1747-4469.1996.tb00013.x.

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Statements regarding the ratio of erroneous acquittals to erroneous convictions are often thought to have clear implications for standards of proof. For example, Blackstone's comment that “it is better that ten guilty persons escape, than that one innocent suffer’ is believed by many to imply a precise numerical value for proof beyond a reasonable doubt. Specifically, jurors should vote to convict only if they are at least 91 % certain of the defendant's guilt. Unfortunately, the belief that this decision threshold will lead to the desired ratio of judicial errors is simply incorrect. Dependin

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Shcherbakovskyi, Mykhailo. "The standard of forensic report veracity in criminal proceedings." Theory and Practice of Forensic Science and Criminalistics 25, no. 3 (2021): 21–39. http://dx.doi.org/10.32353/khrife.3.2021.03.

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Procedural (relevance and admissibility) and epistemological (due quality of objects, accuracy of source data, approved research methodology was applied) conditions and criteria (epistemological: scientific, methodological and logical substantiation of expert conclusions, procedural: compliance with other case files) that together determine veracity of the expert conclusion are outlined. The Article Purpose is to analyze views of scientists concerning veracity of evidence in general and the expert conclusion in particular; clarify circumstances preceding the expert conclusion and conditi

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Franklin, James. "Case comment—United States v. Copeland, 369 F. Supp. 2d 275 (E.D.N.Y. 2005): quantification of the ‘proof beyond reasonable doubt’ standard." Law, Probability and Risk 5, no. 2 (2006): 159–65. http://dx.doi.org/10.1093/lpr/mgl017.

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Borysova, Valentyna I., and Bohdan P. Karnaukh. "Standard of proof in common law: Mathematical explication and probative value of statistical data." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 2 (2021): 171–80. http://dx.doi.org/10.37635/jnalsu.28(2).2021.171-180.

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As a result of recent amendments to the procedural legislation of Ukraine, one may observe a tendency in judicial practice to differentiate the standards of proof depending on the type of litigation. Thus, in commercial litigation the so-called standard of “probability of evidence” applies, while in criminal proceedings – “beyond a reasonable doubt” standard applies. The purpose of this study was to find the rational justification for the differentiation of the standards of proof applied in civil (commercial) and criminal cases and to explain how the same fact is considered proven for the purp

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35

Khamala, Charles A. "‘When Rescuers become Refoulers: Closing Kenya’s Refugee Camps amid Terrorism Threats’ and leaving vulnerable groups out in the cold." Africa Nazarene University Law Journal 8, no. 1 (2020): 1–29. http://dx.doi.org/10.47348/anulj/v8/i1a1.

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Kenya’s counter-terrorism measures, following entry into Somalia, relocated refugees to designated camps. However, by violating a refugee’s freedom of movement, mass relocation contravenes the African Charter on Human and Peoples’ Rights (ACHPR). Regional jurisprudence informed the Kenyan High Court’s Kituo cha Sheria v Attorney General decision holding that mass refugee relocation is indeed refoulement. It necessarily discriminates, punishes disproportionately, and may amount to a ‘failure to protect’ refugees against torture, a crime against humanity. However, the United Nations Convention R

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Henry Msoni, Dr Geoffrey, Prof Munyonzwe Hamalengwa, and Prof Gideon C. Mwanza. "A critical analysis of the standard of proof in penetrative defilement cases in Zambia." Asian Journal of Applied Science and Technology 08, no. 02 (2024): 166–73. http://dx.doi.org/10.38177/ajast.2024.8215.

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Standard of proof in penetrative defilement cases is a crucial matter for consideration to achieve equitable justice administration. This study was conducted to establish inadequacies that exist in the criminal justice system in cases that require forensic science involvement to achieve equitable justice administration. Data was collected from institutional records that included Police dockets (n=50), National Prosecutions Authority records (n=40), Court judgements (n=50), Child sexual abuse cases (CSA) (n=7702) from University Teaching Hospital (PCoE) and also from inmates saving sentences fo

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Kelleher, Colm, and Robert Bigelow. "The 2021 Bigelow Institute for Consciousness Studies (BICS) Essay Contest." Journal of Scientific Exploration 36, no. 2 (2022): 350–65. http://dx.doi.org/10.31275/20222693.

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BICS was founded in 2020 to communicate, facilitate, educate, and organize scientific research and exploration into the survival of human consciousness (SOHC) after permanent bodily death. In early 2021 BICS announced an essay contest on the best evidence for survival of human consciousness with $950,000 in prizes. Essay contestants were tasked to present evidence for SOHC after death beyond a reasonable doubt. “Beyond a reasonable doubt” is the most demanding and rigorous burden of proof in the criminal justice legal system and BICS challenged essay contestants to achieve this very high bar i

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Стоян, А. В. "Триступенева градація стандартів доказування в адміністративному процесі". Форум права 66, № 1 (2021): 25–36. https://doi.org/10.5281/zenodo.4486520.

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<strong>Постановка проблеми. </strong>Зважаючи на те, що Конвенція про захист прав людини та основоположних свобод і Практика Європейського суду з прав людини є джерелом права в Україні, то поступове проникнення міжнародних інструментів судового захисту, зокрема стандартів доказування, у вітчизняне правове поле є передбачуваною та позитивною тенденцією, що сприяє утвердженню європейських цінностей в частині реалізації справедливого правосуддя на теренах країни. Водночас, спостерігається різний рівень розробки та деталізації відповідних положень у процесуальних галузях права. Особливо відчуваєт

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Dahaam, Ziyad Ahmed, and Ahmed Mohammed Salih. "A Pragma-Logical Analysis of Manipulation Strategies Used by American and Arabic Attorneys in Selected Criminal Trials." Journal of Ecohumanism 3, no. 7 (2024): 3251–61. http://dx.doi.org/10.62754/joe.v3i7.4454.

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This study is devoted to investigate the defense of American and Arabic attorneys from a pragma-logical perspective. It is hypothesized that manipulation is a dangerous pragmatic act which is practised by them when defending their clients in criminal trials. Therefore, this study aims to prove that their defense contains arguments which do not agree with the proof standard of criminal cases. Such a proof requires them to present logical evidences beyond a reasonable doubt to persuade the members of the jury that their clients are innocent, or at least they have logical reasons which led them t

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Pruitt, Renée C. "Constitutional and Institutional Developments: Guilt by Majority in the International Criminal Tribunal for the Former Yugoslavia: Does This Meet the Standard of Proof ‘Beyond Reasonable Doubt’?" Leiden Journal of International Law 10, no. 3 (1997): 557–78. http://dx.doi.org/10.1017/s0922156597000423.

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Established in 1993, the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991 (International Tribunal) has steadily become more active in its quest to fulfil its mandate, moving from the establishment stage to the working stage most notably over the past two years. The trial of Dusko Tadić, the first full scale trial before the International Tribunal, was held from 7 May 1996 through 28 November 1996 and the final judgment was rendered on 7 May 1997. Pur

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Marochkin, Aleksei, and Viktoriya Slyvnaya. "Limits of proof in criminal proceedings." Law and innovations, no. 2 (30) (June 2, 2020): 82–86. http://dx.doi.org/10.37772/2518-1718-2020-2(30)-12.

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Problem setting. Proving in criminal proceedings is evidence collection and research activity of special subjects of criminal proceedings. The specific purpose of prooving is to obtain knowledge that is close to reality. To achieve this purpose, the theory of criminal procedure operates with the concept of “limits of proof”. In view of the above, it is important to study this phenomenon, because, firstly, there is no legislative regulation, and secondly, there is no unity in the theory of criminal procedure on this issue. Target research. The aim of the work is to define the concept of the lim

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Khablo, O. "GROUNDS AND TERMS FOR NOTIFICATION OF A PERSON ON SUSPICION OF COMMITTING A CRIMINAL OFFENSE." Criminalistics and Forensics, no. 66 (2021): 526–37. http://dx.doi.org/10.33994/kndise.2021.66.39.

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The article is devoted to the characteristics of the grounds and terms of notification of a person on suspicion of committing a criminal offense. Attention is drawn to the fact that the procedural act of reporting a suspicion consists of a system of such procedural decisions and actions: decision-making and legal registration of a report of suspicion; delivery of a written notice of suspicion; informing the suspect about his/her procedural rights and explaining them, if necessary. It is stated that actual ground for informing a person of a suspicion is availability of sufficient evidence for s

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Kolflaath, Eivind. "Relative plausibility and a prescriptive theory of evidence assessment." International Journal of Evidence & Proof 23, no. 1-2 (2019): 121–27. http://dx.doi.org/10.1177/1365712718815013.

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While the theory of relative plausibility is presented by Allen and Pardo (2019) as a descriptive theory of the proof process, this commentary discusses their theory as a possible starting point for a prescriptive theory of evidence assessment. Generally, naturalness and simplicity are necessary for the success of such a theory. The theory of relative plausibility is very promising in this respect, as its key concept is the straightforward and intuitive notion of explanation, according to which an explanation is an answer to a “why” question. Still, both the explanatory and the comparative dim

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Wibowo, Richo Andi. "Kejanggalan Beberapa Putusan Korupsi Pengadaan dan Kaitannya dengan Konstitusi." Jurnal Konstitusi 13, no. 1 (2016): 213. http://dx.doi.org/10.31078/jk13110.

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This paper aims at highlighting some odd court decisions on corruption typed “state financial loss” in public procurement sector. It is odd because of the following reasons: (i) the nature of the case is more about administrative or private law instead of criminal law; (ii) some consider that it will be unjust to sentence guilty the accused; (iii) the cases ensnare persons who are perceived as reformist and clean. The first point will be the focus of elaboration. It will be argued that the encroachment of criminal law towards the area of administrative and private laws are caused by the lower

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Zumba-Romero, Diana Karolina, and Clara Elizabeth Soria-Carpio. "Valoración del testimonio de la víctima en delitos sexuales conforme la ley y jurisprudencia." Revista Metropolitana de Ciencias Aplicadas 6, Suplemento 2 (2023): 89–100. http://dx.doi.org/10.62452/9k201v32.

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This investigative work deals with the assessment of the testimony of the victim in sexual crimes. Its purpose is to determine the jurisprudential criteria regarding this issue emanating from the National Court of Justice of Ecuador and the Inter-American Court of Human Rights to contrast these data with the legal value rule contained in the Comprehensive Organic Criminal Code. Regarding the premise that the testimony of the victim in sexual crimes is important: 1. the rule of the Code indicates that it must be valued together with the other evidence; and, 2. national jurisprudence, on the one

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Bespalko, I. L., and V. V. Vapniarchuk. "Concerning certain features of evidence assessment in different legal systems and in the practice of the European Court of Human Rights." Uzhhorod National University Herald. Series: Law 2, no. 73 (2022): 115–22. http://dx.doi.org/10.24144/2307-3322.2022.73.50.

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The article examines certain features of the assessment of evidence in criminal proceedings in various legal systems and in the practice of the European Court of Human Rights. Different approaches to understanding the essence of the concept of "standard of criminal procedural evidence" are analyzed and the author's definition of it is proposed. It is illustrated that the rules of evaluation of evidence, which take place in Anglo-Saxon and continental jurisdictions, differ significantly. In the countries of the Anglo-Saxon legal family, objective criteria for the evaluation of evidence have bee

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Lippke, Richard. "Punishing the Guilty, Not Punishing the Innocent." Journal of Moral Philosophy 7, no. 4 (2010): 462–88. http://dx.doi.org/10.1163/174552410x511446.

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AbstractDiscussion in this paper focuses on how strongly we should prefer non-punishment of persons guilty of serious crimes to punishment of persons innocent of them. William Blackstone's version of that preference, expressed as a ten to one ratio, is first shown to be untenable on standard accounts of legal punishment's justifying aims. Somewhat weaker versions of that ratio also appear suspect. More to the point, Blackstone's adage obscures the crucial way in which there are risks to be assessed in setting up a criminal justice system – the risk that it will not be eff ective enough at appr

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Shulgin, S. "Legal consequences of the statement of provocation by the defense party: scientific and practical aspects." Analytical and Comparative Jurisprudence, no. 5 (October 12, 2024): 838–44. http://dx.doi.org/10.24144/2788-6018.2024.05.128.

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The article examines the legal consequences of the defense’s declaration of provocation of a crime. Based on the analysis of the practice of the European Court of Human Rights and the Supreme Court, the opinion was formulated that the declaration of the commission of a crime as a result of provocation by the defense gives rise to the corresponding obligations for the defense and the prosecution, as well as the court. It was analyzed that as a result of the influence of the precedent practice of the European Court of Human Rights, the practice of the Supreme Court began to form regarding the po

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Michael, Achu Ann. "Prevention and Detection of Bid Rigging in Public Procurement in India: Role of Artificial Intelligence." World Competition 47, Issue 3 (2024): 379–98. http://dx.doi.org/10.54648/woco2024022.

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India’s National Crime Record Bureau’s report, ‘Crime in India’, stipulates that the conviction rate of economic crimes is only 29.4% which is way lesser than that of criminal conviction rate of 57%. Punitive measures under the Competition Act, 2002 are relatively less explored in the Indian context. This article is an attempt to examine the punitive measures in the Act, the evidence used for conviction and to see how the same deter the violators. An attempt is made to find out how the apex court in Rajasthan Cylinders case ( Rajasthan Cylinders and Containers Ltd v. UOI and Anr., 2018 SCC Onl

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Tiaglo, O. V. "Think Like a Jurist: What does it Mean?" Форум права 70, no. 5 (2021): 24–28. https://doi.org/10.5281/zenodo.5529523.

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<strong>Problem statement</strong>. This article deals with the general problem of the connection between legal thinking, legal argumentation and, on the other hand, logic. Although this connection seems clear and undeniable since ancient times, various discussions about it continue to this day. The <strong>purpose</strong> is to explore one important aspect of this connection, namely, does traditional formal logic determine the relevant form of a jurist's thinking and argumentation completely? To reach this purpose, the <strong>method</strong> of comparative analysis is employed both sync

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