Argument and narrative in the evidence context : critical dialectical study on the Hybrid Formal Theory of Arguments and Stories and the antecedent theories that deal with evidence in criminal proceedings

Abstract

In this work I seek to investigate the use of arguments and narratives within the scope of theories that deal with the question of evidences, specifically in the Story Model, the Anchored Narratives Theory and the Hybrid Formal Theory of Arguments and Stories. I question whether the normative-instrumentalized verification process of evidence, formulated in hybrid theory, meets the need to treat the evidence in order to identify the nature of the imputation of the crime committed by the agent. I argue that the hybrid theory does not address the question of proof as to the nature of the imputation of the agent's criminal liability, which is it does not seek to identify whether the criminal fact was perpetrated by way of intention or recklessness. I conclude adducing that the hybrid theory does not meet the need to treat the evidence to identify the nature of the imputation of the crime committed by the agent.