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Legal Probabilism

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Stanford Encyclopedia of Philosophy (2021)

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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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  • Knowledge, Individualised Evidence and Luck.Dario Mortini - 2022 - Philosophical Studies 179 (12):3791-3815.
    The notion of individualised evidence holds the key to solve the puzzle of statistical evidence, but there’s still no consensus on how exactly to define it. To make progress on the problem, epistemologists have proposed various accounts of individualised evidence in terms of causal or modal anti-luck conditions on knowledge like appropriate causation, sensitivity and safety. In this paper, I show that each of these fails as satisfactory anti-luck condition, and that such failure lends abductive support to the following conclusion: (...)
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  • Just Probabilities.Chad Lee-Stronach - forthcoming - Noûs.
    I defend the thesis that legal standards of proof are reducible to thresholds of probability. Many have rejected this thesis because it seems to entail that defendants can be found liable solely on the basis of statistical evidence. I argue that this inference is invalid. I do so by developing a view, called Legal Causalism, that combines Thomson's (1986) causal analysis of evidence with recent work in formal theories of causal inference. On this view, legal standards of proof can be (...)
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  • Measuring coherence with Bayesian networks.Alicja Kowalewska & Rafal Urbaniak - 2023 - Artificial Intelligence and Law 31 (2):369-395.
    When we talk about the coherence of a story, we seem to think of how well its individual pieces fit together—how to explicate this notion formally, though? We develop a Bayesian network based coherence measure with implementation in _R_, which performs better than its purely probabilistic predecessors. The novelty is that by paying attention to the network structure, we avoid simply taking mean confirmation scores between all possible pairs of subsets of a narration. Moreover, we assign special importance to the (...)
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  • Lord Nicholls on the likelihood of crimes.Andreas Kapsner - 2022 - Synthese 200 (6):1-15.
    In the decision to the British appeals case Re H, Judge Lord Nicholls, talking about criminal behavior, stated that “that the more serious the allegation the less likely it is that the event occurred”. There is actually quite a bit of discussion about the conclusions that should be drawn from this observation in the literature, but I have not found much discussion of the question whether the observation is right. I find this surprising, and in this essay I want to (...)
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