Note: Burdens of Proof, Presumptions and Standards of Proof in Criminal Cases
نویسندگان
چکیده
منابع مشابه
Presumptions and Burdens of Proof
This paper studies the logical modelling of presumptions and their effects on the burden of proof. Presumptions are modelled as default rules and their effect on the burden of proof is defined in terms of a distinction between the burden of production, the burden of persuasion and the tactical burden of proof. These notions are logically characterised in such a way that presumptions enable a pa...
متن کاملMore on Presumptions and Burdens of Proof
This paper extends our previous logical analysis of presumptions and burden of proof by studying the force of a presumption once counterevidence has been offered. In the jurisprudential literature different accounts of this issue have been given: some have argued that a presumption is nullified by counterarguments while others have maintained that this gives presumptions a force that is too sli...
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This chapter explains the role of proof burdens and standards in argumentation, illustrates them using legal procedures, and surveys the history of research on computational models of these concepts. It also presents an original computational model which aims to integrate the features of these prior systems. The ‘mainstream’ conception of argumentation in the field of artificial intelligence is...
متن کاملOn modelling burdens and standards of proof in structured argumentation
A formal model is proposed of argumentation with burdens and standards of proof, overcoming shortcomings of earlier work. The model is based on a distinction between default and inverted burdens of proof. This distinction is formalised by adapting the definition of defeat of the ASPIC+ framework for structured argumentation. Since ASPIC+ generates abstract argumentation frameworks, the model is...
متن کاملA Formal Model of Legal Proof Standards and Burdens
This paper presents a formal model that enables us to define five distinct types of burden of proof in legal argumentation. Four standards of proof are shown to play a vital role in defining each type of burden. These standards of proof are defined in a precise way suitable for computing in argumentation studies generally, but are based on a long tradition of their use in law. The paper present...
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ژورنال
عنوان ژورنال: Mizan Law Review
سال: 2015
ISSN: 1998-9881,1998-9881
DOI: 10.4314/mlr.v8i1.8