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Standard of proof case study

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Explanationist accounts of rational legal proof view trials as a competition between explanations. Such accounts are often criticized for being underdeveloped. One question in need of further attention is when guilt is proven beyond a reasonable doubt BARD in criminal trials. This article defends an inference to the best explanation IBE -based approach on which guilt is only established BARD if 1 the best guilt explanation in a case is substantially more plausible than any innocence explanation, and 2 there is no good reason to presume that we have overlooked evidence or alternative explanations that could realistically have exonerated the defendant. Furthermore, this account is not susceptible to the most important arguments against IBE in criminal trials or to arguments against other, non-explanationist interpretations of the BARD standard. I use a case study to illustrate how this account provides meaningful guidance for decision makers in criminal trials.

Burden Of Proof Case Study

Standard of proof case study
Standard of proof case study
Standard of proof case study

Standard of proof » ICTR/ICTY/IRMCT Case Law Database

The law of evidence , also known as the rules of evidence , encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.

Organizing Your Social Sciences Research Paper

The defendant Cen Zahangyao colluded with a person overseas, Mr. Ayazi and co-defendant Mr. Wu Zheng in order to smuggle saker falcons national key protection animals out of China to other countries. After some negotiations, Wu Zheng took responsibility for booking cargo space and arranging customs documents. Cen Zhangyao promised to pay 3, yuan for the smuggling of every saker falcon.
Note: Part 2 relates to particular areas of expertise. It does not purport to provide an exhaustive list of all the different types of expert evidence. All of the sections need to be read in conjunction with the general principles relating to experts as set out in the guidance.
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