Beyond Reasonable Doubt in UK Law
- Book Review: Beyond Reasonable Doubt
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The beyond a reasonable doubt standard of proof: Juror understanding and reform
The beyond a reasonable doubt (BARD) standard of proof is the foundation of criminal court proceedings in the U.S. However, both empirical and field studies alike demonstrate that jurors do not cor...
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The beyond a reasonable doubt standard of proof: Juror understanding and reform
The beyond a reasonable doubt (BARD) standard of proof is the foundation of criminal court proceedings in the U.S. However, both empirical and field studies alike demonstrate that jurors do not cor...
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Civil Forfeiture of Proceeds of Crime in Australia
‘It is incorrect to view the recovery of the profits of unlawful activity as a part of the criminal justice process and, as such, justifiable only on the basis of a prior finding of guilt according...... ... to the criminal standard of proof beyond reasonable doubt.'1 'The criminal justice system ... ...
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Accusation as Proof: Uncorroborated Historic Sexual Abuse Allegations
This article examines the potential miscarriage of justice upheld in the Supreme Court of Victoria in Pell v The Queen. Firstly, the alibi evidence produced by the defence team was sufficient to ma...... ... , the Crown had to prove beyondreasonable doubt that there was no probability above 15 per cent ... of a 50 per cent probability) for the reasonable doubt standard of proof to besatisfied. Secondly, ... , CJ and Maxwell, P did not apply the beyond reasonable doubtstandard to these probabilities ... ...
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On the Inadmissibility of the Aggregated Probabilities Principle
This article is a response to the argument that, under certain conditions, courts should be permitted to convict a defendant even though the prosecution failed to prove beyond reasonable doubt that...... ... even though theprosecution failed to prove beyond reasonable doubt that the defendantcommitted any ... ...
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The Principle of the Presumption of Innocence and its Challenges in the Ethiopian Criminal Process
The administration of the criminal justice system tries to strike a balance between the search for truth and the fairness of the process. To this end, the law should protect individual rights and i...... ... argued in this article, should be proved beyond reasonable doubt. However, this principle is ... ...
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Re-Imagining the Criminal Standard of Proof: Lessons from the ‘Ethics of Belief’
On a standard view, the criminal standard of ‘proof beyond reasonable doubt’ is a statement of probabilities, the pre-set benchmark of evidential support that must be crossed before a contested hyp...... ... view, the criminal standard of proof beyond reasonabledoubt is a statement of probabilities, ... shipowner acted unethically in quelling his doubt about the seaworthiness of hisvessel, can it not ... of the charged crime beyond reasonable doubt.6Onemight well think: how can the law be ... ...
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Experts, Juries, and Witch‐hunts: From Fitzjames Stephen to Angela Cannings
Angela Cannings's successful appeal against her convictions for murder has revived an old controversy about the competence of juries to evaluate expert evidence. In response to criticisms of the ju...... ... could accept for practical purposes as ` beyond reasonable doubt'. Such practical decisions did ... ...
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Prosecutors’ perceptions of the utility of ‘relationship’ evidence in sexual abuse trials
For successful prosecution of sex offences, defined elements that comprise each charge (such as the acts that occurred and offenders’ identities) need to be established beyond reasonable doubt. Thi...... ... identities) need to be established beyond reasonabledoubt. This study explored the ... ...
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