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 ori...
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| Format: | Article |
| Language: | English |
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Universitat de Girona. Cátedra de Cultura Jurídica
2025-01-01
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| Series: | Quaestio Facti |
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| Online Access: | https://revistes.udg.edu/quaestio-facti/article/view/23112 |
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| _version_ | 1849702438789971968 |
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| author | Jacopo Della Torre |
| author_facet | Jacopo Della Torre |
| author_sort | Jacopo Della Torre |
| collection | DOAJ |
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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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| format | Article |
| id | doaj-art-2ac1e284a7b34ab983da8510efef5136 |
| institution | DOAJ |
| issn | 2660-4515 2604-6202 |
| language | English |
| publishDate | 2025-01-01 |
| publisher | Universitat de Girona. Cátedra de Cultura Jurídica |
| record_format | Article |
| series | Quaestio Facti |
| spelling | doaj-art-2ac1e284a7b34ab983da8510efef51362025-08-20T03:17:39ZengUniversitat de Girona. Cátedra de Cultura JurídicaQuaestio Facti2660-45152604-62022025-01-01810.33115/udg_bib/qf.i8.23112Taking the Evolution of the Standards of Proof for a Criminal Conviction SeriouslyJacopo Della Torre 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. https://revistes.udg.edu/quaestio-facti/article/view/23112standard of proofreasonable doubtmoral certaintyintime convictionLegal Proof |
| spellingShingle | Jacopo Della Torre Taking the Evolution of the Standards of Proof for a Criminal Conviction Seriously Quaestio Facti standard of proof reasonable doubt moral certainty intime conviction Legal Proof |
| title | Taking the Evolution of the Standards of Proof for a Criminal Conviction Seriously |
| title_full | Taking the Evolution of the Standards of Proof for a Criminal Conviction Seriously |
| title_fullStr | Taking the Evolution of the Standards of Proof for a Criminal Conviction Seriously |
| title_full_unstemmed | Taking the Evolution of the Standards of Proof for a Criminal Conviction Seriously |
| title_short | Taking the Evolution of the Standards of Proof for a Criminal Conviction Seriously |
| title_sort | taking the evolution of the standards of proof for a criminal conviction seriously |
| topic | standard of proof reasonable doubt moral certainty intime conviction Legal Proof |
| url | https://revistes.udg.edu/quaestio-facti/article/view/23112 |
| work_keys_str_mv | AT jacopodellatorre takingtheevolutionofthestandardsofproofforacriminalconvictionseriously |