As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.
Author(s): Hendrik Kaptein, Henry Prakken, Bart Verheij
Publisher: Ashgate
Year: 2009
Language: English
Pages: 304
Contents......Page 6
Series Editor’s Preface......Page 8
List of Figures......Page 10
List of Tables......Page 12
Preface......Page 14
General Introduction......Page 16
1 Burdens of Evidence and Proof: Why Bear Them? A Plea for Principled Opportunism in (Leaving) Legal Fact-finding (Alone)......Page 30
2 The Fabrication of Facts: The Lure of the Incredible Coincidence......Page 54
3 Decision-making in the Forensic Arena......Page 86
4 Analysing Stories Using Schemes......Page 108
5 The Evaluation of Evidence: Differences between Legal Systems......Page 132
6 Inference to the Best Legal Explanation......Page 150
7 Accepting the Truth of a Story about the Facts of a Criminal Case......Page 176
8 Rigid Anarchic Principles of Evidence and Proof: Anomist Panaceas against Legal Pathologies of Proceduralism......Page 210
9 A Logical Analysis of Burdens of Proof......Page 238
10 Twelve Angry Men or One Good Woman? Asymmetric Relations in Evidentiary Reasoning......Page 270
Index......Page 298
