The Probabilistic Quality of Judicial Proof
David Hamer
The Probabilistic Quality of Judicial Proof
David Hamer
This book is an important contribution to ‘new evidence scholarship’, showing how mathematical probability theory provides a framework for the understanding and pursuit of factual accuracy in judicial proof. It begins by identifying factual accuracy as a major goal of juridical proof, provides an introduction to probability theory, with illustrations in gambling and statistics, before exploring a range of issues concerning standards and burdens of proof, including the difference between civil and criminal standards of proof, the variability of these standards, and whether there is a requirement that proof be detailed and not too generalised. This study provides the first sustained and systematic treatment of evidential issues, which applies probability theory to actual cases.
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