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Justification, Excuse, and Proof Beyond Reasonable Doubt

Year of Publication: 2021
Month of Publication: 10
Author(s): Ho Hock Lai
Research Area(s): Evidence
Journal Name: Philosophical Issues
Abstract:

The law requires criminal guilt to be proved beyond a reasonable doubt. There are two different approaches to construing this legal rule. On an epistemic approach, the rule is construed in terms of justified belief or knowledge; on a probabilistic approach, the rule is construed in terms of satisfying a probabilistic threshold. An epistemic construction of the rule has this advantage over a probabilistic construction: the former can while the latter cannot excuse the state from blame for a false conviction. This claim rests on an understanding of legal rules, legal justification for a finding of guilt and the central purpose of a criminal trial.