Quantifying Burdens of Proof
A View from the Bench, the Jury, and the Classroom
Dados Bibliográficos
| ID | 4085696 |
|---|---|
| Autores | Rita James Simon, Linda Mahan |
| Ano | 1971 |
| Volume | 5 |
| Fascículo | 3 |
| Páginas | 319-330 |
| Data de publicação | 1971-02-01 |
| Peer Reviewed | Sim |
| Open Access | Sim |
| Tipo | ARTICLE |
| Periódico | Law & Society Review (JOURNAL) |
| Identificadores do periódico | ISSN: 0023-9216 • E-ISSN: 1540-5893 |
| Editora | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/3052837 |
| OpenAlex | W2332094122 |
| Idioma | EN |
| Citações recebidas | 30 |
| Referências citadas | 1 |
This paper is the third in a series of articles describing the results of efforts to investigate ways in which the burdens of proof applicable in criminal and civil trials could be defined more precisely and more objectively. The burden of proof for determining guilt in criminal trials in American courts is the presentation of evidence which would lead "a reasonable man" to believe "beyond a reasonable doubt" that the defendant did indeed commit the act for which he was charged. This standard is applicable to all criminal acts irrespective of their heinousness or the circumstances under which they were committed. In civil actions the burden of proof necessary for determining negligence on the part of the defendant is "by preponderance of the evidence
Burden of proof · Civil procedure · Commit · Criminal case · Criminal trial · Criminology · Political science · Presentation (obstetrics · Reasonable Doubt · Computer Science · Criminal Law and Evidence · Jury Decision Making Processes · Law · Legal processes and jurisprudence · Medicine · Psychology
What social science teaches us about the jury instruction process
Pretrial publicity
Models of jury decision making
Justice needs a new blindfold
The ecological validity of jury simulations
Asymmetric influence in mock jury deliberation
Guilt beyond a reasonable doubt
On the requirements of proof
Lifting the Veil
After Division, Before Decision
The civil standard of proof—what is it, actually
The threshold lies in the method
The standard of proof and crime prevention
The beyond a reasonable doubt standard of proof
Towards a (Bayesian) Convergence
A guaranteed right to trial by jury at state level
Methodological issues in legal communication research
Does the structure of the evidence base “cause” verdicts of guilty and innocent
Tolerated contests? Plea and sentence in the Victorian magistrates' courts
Grave doubts about “reasonable doubt”
Severity of prescribed penalty and mock jurors' verdicts
The American Trial Jury on Trial
Two Meanings of ‘Reasonableness’
Racializing scripts of deficiency
Best Evidence
Jury decision making
"The conflict between precision and flexibility in explaining "beyond a reasonable doubt
Trial by Jury
Jury Size and Verdict Consistency
Role Playing and the Study of Jury Behavior
| Obras citantes distintas | 30 |
|---|---|
| Citações por ano | 0,6 |
| Intervalo de citações | 1976 - 2025 (50) |
| Velocidade de citação | recent |
| Altamente citado | Não |
| Tipos de citação | Neutras: 26 |