Legal Evidence and Proof: Statistics, Stories, Logic (Applied Legal Philosophy)

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. 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 Burdens of evidence and proof : why bear them? a plea for principled opportunism in (leaving) legal factfinding (alone) / Hendrik Kaptein The fabrication of facts : the lure of the incredible coincidence / Ton Derksen and Monica Meijsing Decision-making in the forensic arena / Ton Broeders Analyzing stories using schemes / Floris Bex The evaluation of evidence : differences between legal systems / Marijke Malsch and Ian Freckelton Inference to the best legal explanation / Amalia Amaya Accepting the truth of a story about the facts of a criminal case / Bart Verheij and Floris Bex Rigid anarchic principles of evidence and proof : anomist panaceas against legal pathologies of proceduralism / Hendrik Kaptein A logical analysis of burdens of proof / Henry Prakken and Giovanni Sartor Twelve angry men or one good woman? asymmetric relations in evidentiary reasoning / Burkhard Schafer. "The study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. Subjects covered include, among others: division of burdens of proof (in criminal law/civil law), arguments ad ignorantiam in issues of proof, circumstantial evidence and abductive inference, the logic of testing (false) confessions, statistical arguments, and story-based arguments. Special attention is paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning."--BOOK JACKET This study provides clarification of problems of logic and argumentation in relation to evidence and proof, presenting an important contribution to the field for both scholars and practitioners