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.

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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
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article

Taking the Evolution of the Standards of Proof for a Criminal Conviction Seriously

Jacopo Della Torre
2 citations
Quaestio facti Revista internacional sobre razonamiento probatorio
Criminal Law and Evidence
31.97
article

Taking the Evolution of the Standards of Proof for a Criminal Conviction Seriously

Jacopo Della Torre
article en
2 citations

Abstract

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.

Quaestio facti Revista internacional sobre razonamiento probatorio(8)
University of Genoa (IT)
Openalex Percentile: Top 1%
Criminal Law and Evidence
31.97
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