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Reasonable Doubt, Robust Evidential Probability and the Unknown

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Main Author: Jellema, Hylke
Format: Book
Language:English
Published: Springer 2023
Subjects:
Reasonable Doubt
Robust Evidential Probability
Online Access:https://link.springer.com/article/10.1007/s11572-023-09685-5
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9175
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spelling oai:localhost:PNK-91752023-09-25T03:15:54Z Reasonable Doubt, Robust Evidential Probability and the Unknown Jellema, Hylke Reasonable Doubt Robust Evidential Probability CC-BY Most legal evidence scholars agree that proof of guilt beyond a reasonable doubt requires the belief that the defendant probably committed the alleged acts. However, they also agree that this is not a sufficient condition, as this belief may be unreasonable. I focus on two popular proposals for additional conditions: (i) that the degree of belief should be robust and (ii) that it should be reasonable given the available evidence (should be an evidential probability). Both criteria face difficulties regarding their meaning and utility. I propose an interpretation which overcomes these difficulties and which combines the two conditions into a single criterion on which both conditions are about the possibility of overlooked, exculpatory information. Proof of guilt beyond a reasonable doubt requires that we are sufficiently certain that we did not miss such information for the sake of achieving accurate beliefs and a just error distribution. 2023-09-25T03:15:54Z 2023-09-25T03:15:54Z 2023 Book https://link.springer.com/article/10.1007/s11572-023-09685-5 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9175 en application/pdf Springer
institution Digital Phenikaa
collection Digital Phenikaa
language English
topic Reasonable Doubt
Robust Evidential Probability
spellingShingle Reasonable Doubt
Robust Evidential Probability
Jellema, Hylke
Reasonable Doubt, Robust Evidential Probability and the Unknown
description CC-BY
format Book
author Jellema, Hylke
author_facet Jellema, Hylke
author_sort Jellema, Hylke
title Reasonable Doubt, Robust Evidential Probability and the Unknown
title_short Reasonable Doubt, Robust Evidential Probability and the Unknown
title_full Reasonable Doubt, Robust Evidential Probability and the Unknown
title_fullStr Reasonable Doubt, Robust Evidential Probability and the Unknown
title_full_unstemmed Reasonable Doubt, Robust Evidential Probability and the Unknown
title_sort reasonable doubt, robust evidential probability and the unknown
publisher Springer
publishDate 2023
url https://link.springer.com/article/10.1007/s11572-023-09685-5
https://dlib.phenikaa-uni.edu.vn/handle/PNK/9175
_version_ 1779307162346979328
score 8.891787

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