Taking the Evolution of the Standards of Proof for a Criminal Conviction Seriously
The article offers a diachronic and comparative analysis of different standards of proof for a criminal conviction. The first part focuses on the attempt of medieval and early modern Roman-canon systems to clarify this type of rule through a network of legal proofs. The second part analyses the ori...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
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Marcial Pons
2025-01-01
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| Series: | Quaestio Facti |
| Subjects: | |
| Online Access: | https://revistes.udg.edu/quaestio-facti/article/view/23112 |
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| Summary: | The article offers a diachronic and comparative analysis of different standards of proof for a criminal conviction. The first part focuses on the attempt of medieval and early modern Roman-canon systems to clarify this type of rule through a network of legal proofs. The second part analyses the origins of the main standards for a criminal conviction used today: moral certainty, beyond reasonable doubt and intime conviction. The final part looks to the future, asking whether traditional decision-making criteria should be maintained or replaced by new ones based on the principles of contemporary epistemology.
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| ISSN: | 2660-4515 2604-6202 |