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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Format: | Article |
Language: | English |
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Marcial Pons
2025-01-01
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Series: | Quaestio Facti |
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Online Access: | https://revistes.udg.edu/quaestio-facti/article/view/23112 |
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author | Jacopo Della Torre |
author_facet | Jacopo Della Torre |
author_sort | Jacopo Della Torre |
collection | DOAJ |
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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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format | Article |
id | doaj-art-2ac1e284a7b34ab983da8510efef5136 |
institution | Kabale University |
issn | 2660-4515 2604-6202 |
language | English |
publishDate | 2025-01-01 |
publisher | Marcial Pons |
record_format | Article |
series | Quaestio Facti |
spelling | doaj-art-2ac1e284a7b34ab983da8510efef51362025-01-28T17:26:12ZengMarcial PonsQuaestio Facti2660-45152604-62022025-01-01810.33115/udg_bib/qf.i8.23112Taking the Evolution of the Standards of Proof for a Criminal Conviction SeriouslyJacopo Della Torre 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. https://revistes.udg.edu/quaestio-facti/article/view/23112standard of proofreasonable doubtmoral certaintyintime convictionLegal Proof |
spellingShingle | Jacopo Della Torre Taking the Evolution of the Standards of Proof for a Criminal Conviction Seriously Quaestio Facti standard of proof reasonable doubt moral certainty intime conviction Legal Proof |
title | Taking the Evolution of the Standards of Proof for a Criminal Conviction Seriously |
title_full | Taking the Evolution of the Standards of Proof for a Criminal Conviction Seriously |
title_fullStr | Taking the Evolution of the Standards of Proof for a Criminal Conviction Seriously |
title_full_unstemmed | Taking the Evolution of the Standards of Proof for a Criminal Conviction Seriously |
title_short | Taking the Evolution of the Standards of Proof for a Criminal Conviction Seriously |
title_sort | taking the evolution of the standards of proof for a criminal conviction seriously |
topic | standard of proof reasonable doubt moral certainty intime conviction Legal Proof |
url | https://revistes.udg.edu/quaestio-facti/article/view/23112 |
work_keys_str_mv | AT jacopodellatorre takingtheevolutionofthestandardsofproofforacriminalconvictionseriously |