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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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  • The trouble with standards of proof.Zoë A. Johnson King - 2020 - Synthese 199 (1-2):141-159.
    The “beyond a reasonable doubt” standard of proof, currently used in criminal trials, is notoriously vague and undermotivated. This paper discusses two popular strategies for justifying our choice of a particular precise interpretation of the standard: the “ratio-to-standard strategy” identifies a desired ratio of trial outcomes and then argues that a certain standard is the one that we can expect to produce our desired ratio, while the “utilities-to-standard strategy” identifies utilities for trial outcomes and then argues that a certain standard (...)
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  • The reasonable doubt standard as inference to the best explanation.Hylke Jellema - 2020 - Synthese 199 (1-2):949-973.
    Explanationist accounts of rational legal proof view trials as a competition between explanations. Such accounts are often criticized for being underdeveloped. One question in need of further attention is when guilt is proven beyond a reasonable doubt in criminal trials. This article defends an inference to the best explanation -based approach on which guilt is only established BARD if the best guilt explanation in a case is substantially more plausible than any innocence explanation, and there is no good reason to (...)
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