Opening book details…
Can I read The Probable and the Nonarbitrary: Evidential Foundations for a Finding of Guilt on EtoBox?
The Probable and the Nonarbitrary: Evidential Foundations for a Finding of Guilt by Liat Levanon is a Social Sciences article available to read on EtoBox.
What is The Probable and the Nonarbitrary: Evidential Foundations for a Finding of Guilt about?
## Abstract The paper explores the use of statistical data and statistical assumptions as evidence in criminal trials. It is suggested that a finding of guilt includes not only its main factual proposition but also additional propositions that support and affirm it. Specifically, it includes not only the proposition that the defendant committed the offence but also the additional affirming proposition that it is this defendant rather than any other potential defendant who committed the offence (the ‘D rather than A’ proposition). Some statistical generalisations provide reasons in defence of the main proposition but not in defence of the affirming proposition, which then remains random or arbitrary. Yet since criminal convictions include a moral judgement, they cannot be justified where some of their propositions are arbitrary. Accordingly, such statistical generalisations cannot justify a criminal conviction.
Who reads The Probable and the Nonarbitrary: Evidential Foundations for a Finding of Guilt?
It is typically read by researchers, students, and practitioners in Social Sciences.
- Author
- Liat Levanon
- Publisher
- Cambridge University Press (CUP)
- Published
- 2021
- Language
- EN
- Field
- Social Sciences