Justification,excuse, and proof beyond reasonable doubt |
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Authors: | Hock Lai Ho |
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Abstract: | The law requires criminal guilt to be proved beyond a reasonable doubt. There are two different approaches to construing this legal rule. On an epistemic approach, the rule is construed in terms of justified belief or knowledge; on a probabilistic approach, the rule is construed in terms of satisfying a probabilistic threshold. An epistemic construction of the rule has this advantage over a probabilistic construction: the former can while the latter cannot excuse the state from blame for a false conviction. This claim rests on an understanding of legal rules, legal justification for a finding of guilt and the central purpose of a criminal trial. |
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Keywords: | Legal proof evidence standard of proof justification excuse probability epistemology |
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