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 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.
Authors
- Jacopo Della Torre
Institutions
- University of Genoa (IT)
Publication Details
- Journal
- Quaestio facti Revista internacional sobre razonamiento probatorio
- Published
- 2025-01-28
- DOI
- https://doi.org/10.33115/udg_bib/qf.i8.23112
- Citations
- 2
- Primary Topic
- Criminal Law and Evidence
- Type
- article
- Field-Weighted Citation Impact
- 31.97