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The weights of evidence

Episteme 5 (3):pp. 267-281 (2008)

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  1. Reasonable Doubt from Unconceived Alternatives.Hylke Jellema - 2024 - Erkenntnis 89 (3):971-996.
    In criminal trials, judges or jurors have to decide whether the facts described in the indictment are proven beyond a reasonable doubt. However, these decision-makers cannot always imagine every relevant sequence of events—there may be unconceived alternatives. The possibility of unconceived alternatives is an overlooked source of reasonable doubt. I argue that decision-makers should not consider the defendant’s guilt proven if they have good reasons to believe that plausible, unconceived scenarios exist. I explore this thesis through the lens of the (...)
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  • Reasonable Doubt, Robust Evidential Probability and the Unknown.Hylke Jellema - forthcoming - Criminal Law and Philosophy:1-20.
    Most legal evidence scholars agree that proof of guilt beyond a reasonable doubt requires the belief that the defendant probably committed the alleged acts. However, they also agree that this is not a sufficient condition, as this belief may be unreasonable. I focus on two popular proposals for additional conditions: (i) that the degree of belief should be robust and (ii) that it should be reasonable given the available evidence (should be an evidential probability). Both criteria face difficulties regarding their (...)
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  • Deliberation and confidence change.Nora Heinzelmann & Stephan Hartmann - 2022 - Synthese 200 (1):1-13.
    We argue that social deliberation may increase an agent’s confidence and credence under certain circumstances. An agent considers a proposition H and assigns a probability to it. However, she is not fully confident that she herself is reliable in this assignment. She then endorses H during deliberation with another person, expecting him to raise serious objections. To her surprise, however, the other person does not raise any objections to H. How should her attitudes toward H change? It seems plausible that (...)
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