Reasonable Doubt Research Articles

What is reasonable doubt? For philosophical studies special issue on Sosa’s ‘epistemic explanations’

AbstractThis paper develops and defends novel accounts of accurate and reasonable doubt. We take a cue from Sosa's telic epistemic normative picture to argue that one’s degree of doubt that p is accurate just in case it matches the level of veritic risk involved in believing that p. In turn, on this account, reasonable doubt is doubt that is generated by a properly functioning cognitive capacity with the function of encoding veritic risk.

Chronological age estimation based on dental mineralization for Syrian population.

Dental age assessment based on evaluating dental mineralization status is one of the most common methods used in forensic practice. The aim of this study is to enhance the accuracy of age diagnostics and provide reference data from the Syrian population for forensic application. After several selection steps, a total of 280 orthopantomograms (OPGs) from 140 males and 140 females from the Syrian population divided into 14 age groups between 12 and 25 years were analysed. Based on Demirjian's classification system, the mineralization stages of third molars (18, 28, 38 and 48) as well as lower second molars (37 and 47) were evaluated. Statistical investigations and evaluations were carried out to estimate the marginal probabilities of the subjects having attained ages 14 and 18 by generalized estimating equation models. Our results show that no significant differences can be revealed in the mineralization status with respect to jaw side and sex. In the Syrian population, third molars showing mineralization stage G provide evidence of reaching the age of 14 years with the highest standard of proof ("beyond reasonable doubt"). A completed mineralization in lower second molars (stage H) provides very high marginal probabilities (more than 90%) of the subjects having attained age 14 years. Nevertheless, this cannot exclude an age under 14 years. For the age threshold of 18 years, third molars showing incomplete root development (G dental stage or lower) are associated with a low probability (less than 40%) of the subject having reached 18 years of age. A person's probability of having attained 18 years of age is very high (82- 95%) when the roots of third molars are fully developed (stage H). Nevertheless, third molars at stage H do not conclusively exclude an age under 18 years.

A Pragma-Logical Analysis of Manipulation Strategies Used by American and Arabic Attorneys in Selected Criminal Trials

This study is devoted to investigate the defense of American and Arabic attorneys from a pragma-logical perspective. It is hypothesized that manipulation is a dangerous pragmatic act which is practised by them when defending their clients in criminal trials. Therefore, this study aims to prove that their defense contains arguments which do not agree with the proof standard of criminal cases. Such a proof requires them to present logical evidences beyond a reasonable doubt to persuade the members of the jury that their clients are innocent, or at least they have logical reasons which led them to commit their murders. To achieve the aims of the study, six arguments are chosen for analysis. The first three are advanced by the American defense attorney Robert Rogers. The next three are advanced by the Arabic defense attorney Mustafa Ramadan. Their defense is analyzed qualitatively and tested according to the pragma-logical criteria discussed below. The results show that they both resort to different argumentation schemes, different logical components, and different logical fallacies. These differences indicate that their arguments are fallacious and serve a pragmatic manipulative intention.

Revision of the nomenclature status and taxonomic implications of two Lepidion species (Gadiformes: Moridae)

Lepidion lepidion and Lepidion eques are two nominal species of the genus Lepidion (Moridae) from the Mediterranean Sea and the North Atlantic Ocean, respectively. Following the publication of the latter species, several authors highlighted the morphological similarities between them, questioning their taxonomic relationship. Despite these reasonable doubts, the two species have long been considered as valid and separate species. Since the 2010s, a series of integrative studies, combining morphological and molecular analyses, have demonstrated that L. eques is a junior synonym of L. lepidion. However, the former has continued to be used inconsistently in biodiversity databases and ichthyological literature. Thus, while the “Catalog of fishes” immediately incorporated this new status, the databases “FishBase” and “WoRMS” did not, maintaining the validity of both species. Consequently, in the scientific literature, only a few authors adhere to the synonymy relationship, naming the Atlantic species as L. lepidion, while most maintain the older nomenclature of L. eques. These two nominal species represent an interesting case study on the application of taxonomic nomenclature and how the different criteria for incorporating new species affect the scientific community.

Evidence of glass bead‐making in the early Islamic Iberian Peninsula

AbstractGlass beads from two Islamic archaeological sites in the Tagus valley in central Spain were selected and analysed by laser ablation inductively coupled plasma mass spectrometry (LA‐ICP‐MS), and a subset of samples (n = 6) was analysed for Pb isotopes by multicollector thermal ionization mass spectrometry (MC‐TIMS). The analytical and isotopic data of the beads from Ciudad de Vascos (Toledo) and Albalat (Cáceres) demonstrate beyond reasonable doubt that glass beads were produced in the Iberian Peninsula during the Islamic period using local Pb‐silica and soda‐rich plant‐ash glass. The bead workshops in al‐Andalus were evidently part of an efficient system of glass collection and recycling, and used only relatively simple bead‐making techniques such as winding and folding. At present it is unclear to what extent the Islamic bead‐makers in the Iberian Peninsula were involved in the international trade in glass beads or whether their products were mainly destined for a regional market. Despite local production, some samples show compositional and typological features that suggest the import of finished glass beads, perhaps from Central Asia.

The Augustine-Braude Bigelow Survival Debate: A Postmortem and Prospects for Future Directions

In 2021, the Bigelow Institute for Consciousness Studies (hereafter, BICS) sponsored an essay competition designed to solicit the best evidence for the hypothesis that human consciousness survives bodily death, and more specifically, evidence that would prove this hypothesis beyond a reasonable doubt. The summer 2022 issue of the Journal of Scientific Exploration featured a special subsection on the BICS contest and its winning essays. Robert Bigelow and Colm Kelleher outlined the motivation, design, and judging criteria for the competition. Keith Augustine provided an extensive critical commentary on the contest design and eight of its prominent winning essays. Stephen Braude and several coauthors1 responded to Augustine’s criticisms, and Augustine provided a reply to Braude and his collaborators. Finally, the subsection concluded with a collaborative paper in which Etienne LeBel, Adam Rock, and Keith Augustine proposed a more rigorous experimental design for testing the survival hypothesis.

Legal consequences of the statement of provocation by the defense party: scientific and practical aspects

The article examines the legal consequences of the defense’s declaration of provocation of a crime. Based on the analysis of the practice of the European Court of Human Rights and the Supreme Court, the opinion was formulated that the declaration of the commission of a crime as a result of provocation by the defense gives rise to the corresponding obligations for the defense and the prosecution, as well as the court. It was analyzed that as a result of the influence of the precedent practice of the European Court of Human Rights, the practice of the Supreme Court began to form regarding the position of the defense on provocation of a crime, according to which the contradiction of the position of the defense, i.e. when the applicant denies the fact that he committed a crime and at the same time declares that he was provoked to commit it, is the basis for the court’s refusal to verify such an application, citing the relevant reasons in the decision. Based on the study of the principle of adversariality of the parties in criminal proceedings, the thesis that it is the defense party that is obliged to prove the presence of provocation, to indicate which facts and circumstances confirm this with reference to specific evidence examined at the court hearing, is substantiated. In turn, the prosecutor, supporting public accusations, except for the circumstances specified in Art. 91 of the Criminal Code of Ukraine, guided by the standard of proof «beyond a reasonable doubt», is obliged to prove the absence of provocation of the crime. Failure to prove «beyond a reasonable doubt» the absence of provocation is equivalent to proving its presence and causes legal consequences in the form of an acquittal by the court. It has been proven that when one of the arguments of the defense side was the presence of provocation of a crime, the court is obliged to properly evaluate both the arguments of the defense side and the arguments of the prosecution regarding the presence or absence of such provocation. According to the results of the analysis of the decisions of the Supreme Court in which the lower courts did not evaluate the arguments of the defense about provocation, or formally evaluated them formally, it was concluded that this is a significant violation of the requirements of the Criminal Procedure Code, which prevented or could have prevented the court from adopting a legal and justified court decision.

3D anatomy of the Cretaceous–Paleogene age Nadir Crater

The Nadir Crater offshore West Africa is a recently proposed near K-Pg impact structure identified on 2D seismic. Here we present 3D seismic data that image this crater in exceptional detail, unique for any such structure, which demonstrates beyond reasonable doubt that the crater-forming mechanism was a hypervelocity impact. Seismic mapping reveals a near-circular crater rim of 9.2 km and an outer brim of ~23 km diameter defined by concentric normal faults. An extended damage zone is evident across the region, well beyond the perceived limit of subsurface deformation for impact craters, except in a ‘sheltered zone’ to the east. The paleo-seabed shows evidence for widespread liquefaction because of seismic shaking, and scars and gullies formed by tsunami wave propagation and resurge. Deformation within the ~425 m high stratigraphic uplift and annular moat allows us to reconstruct the evolution of the crater, with radial thrusts at the periphery of the uplift suggesting a low-angle impact from the east. Structural relationships are used to reconstruct the deformation processes during the crater modification stage, with the central uplift forming first, followed by centripetal flow of surrounding sediments into the evacuated crater floor in the seconds to minutes after impact.

Why the Fermi paradox may not be well explained by Wong and Bartlett's theory of civilization collapse. A Comment on: 'Asymptotic burnout and homeostatic awakening: a possible solution to the Fermi paradox?' (2022) by Wong and Bartlett.

Wong and Bartlett explain the Fermi paradox by arguing that neither human nor extra-terrestrial civilizations can escape the time window singularity which, they claim, results from the way in which social characteristics of civilizations follow super-linear growth curves of cities. We question if data at the city level necessarily can lead to conclusions at the civilization level. More specifically, we suggest ways in which learnings from research, foresight, diversity and effective future government might act outside of their model to regulate super-linear growth curves of civilizations, and thus substantively increase the likelihood of civilizations progressing towards higher levels of the Kardashev scale. Moreover, we believe their claimed history of the collapse of terrestrial societies used to evidence their model is difficult to justify. Overall, we cast reasonable doubt on the ability of their proposed model to satisfactorily explain the Fermi paradox.

An Analysis of the Theory of Justice against the Standard of Proof Beyond Reasonable Doubt in the Judge's Decision in the Jessica Kumala Wongso Case

This research aims to find out the theory of justice that can be used by judges in proving criminal cases in Indonesia and the use of the theory of justice in the standard of proof beyond reasonable doubt in the judge's decision in the Jessica Kumala Wongso case. This research uses normative legal research methods with legal philosophy, legislation and conceptual approaches. The data source used is secondary data consisting of primary legal materials and secondary legal materials analyzed qualitatively with deductive inference, starting with general principles and concepts about the theory of justice and the standard of proof beyond reasonable doubt, the analysis moves towards specific propositions to determine the value of justice and the relevance of this standard in the judge's decision in the Jessica Kumala Wongso case. The study found that Gustav Radbruch's theory of justice can be applied by judges in Indonesian criminal cases, using six evidentiary parameters: theory of evidence, minimum evidence, evidence, presentation of evidence, burden of proof, and strength of proof. These parameters reflect Radbruch's legal values of justice, purpose, and legal certainty. Judges using Radbruch's theory prioritize justice, followed by purpose and legal certainty. In Jessica's case, despite doubts about the evidence, the judges found her guilty beyond a reasonable doubt, aligning with Radbruch's principle that justice should take precedence in the standard of proof.

The Quest for Sentience: from Crustaceans to Plants

Although the use of the term “sentience” in philosophy dates to the 17th century, its use expanded particularly in the second half of the 20th century, with the emergence of non-anthropocentric ethics. A search for sentience in the animal kingdom began, which required the identification of a set of evidential sources. The difficulty in establishing, beyond any reasonable doubt, the existence of sentience in animals more distantly related to humans, and the consequences that the matter has for the legislation on animal protection, led to the proposal to apply the precautionary principle in animal welfare policy. This principle establishes that the fulfilment of minimum criteria is enough for the existence of sentience to be admitted. This led to the attribution of sentience to invertebrates, namely molluscs, insects, and crustaceans. As a result, the possibility of including decapod crustaceans into animal legislation is currently discussed. In this article, we will perform the comparative exercise of applying a framework of minimum criteria of sentience, previously applied to crustaceans of the order Decapoda, to vascular plants. The framework is composed of eight independent criteria and the likelihood of plants meeting each of them will be assessed and discussed in the light of the existing empirical evidence.

Standard of proof ‘beyond reasonable doubt’ in criminal proceedings: analysis of national and international experience

It is stated that, according to the standard of proof beyond a reasonable doubt, if there is proof beyond a reasonable doubt of the defendant’s guilt, it is sufficient for a conviction, and it is also undisputed that such a reasonable doubt must be evaluated according to the evidentiary difficulties of the particular case, as well as according to the crime committed. . The standard of proof beyond a reasonable doubt is the most acceptable standard in criminal proceedings for a fair trial. At the same time, indicating the need for courts to use this standard of proof, the legislator does not define its concept and does not reveal its meaning. Reasonable doubt is a frequently used term that is probably well understood but difficult to define. It is not merely a possible doubt, as everything related to human activity that depends on evidence that gives rise to moral certainty is subject to some possible or imaginary doubt. Reasonable doubt, then, deals with a state of affairs that leaves the judge’s mind in such a state that he cannot say that he feels a firm conviction that gives rise to moral certainty about the truth sought. If there is a reasonable doubt as to the proof of guilt, the accused is entitled to the benefit of the presumption of innocence and to be acquitted. Thus, evidence must establish the truth of the facts in a way that produces reasonable or moral certainty, that is, a certainty that convinces, guides understanding and satisfies the minds and judgements of judges. This, he concludes, is what counts as proof beyond a reasonable doubt. The adoption of the standard of proof beyond a reasonable doubt reflects the high degree of probability required to develop the personal certainty (conviction) necessary for the purposes of conviction in criminal proceedings (guilt beyond a reasonable doubt), ultimately if there is sufficient evidence of a criminal act, and not, it should be emphasised, complete, total or absolute proof. The article examines the legal positions of the Criminal Court of Cassation as part of the Supreme Court and the European Court of Human Rights with regard to determining the content of the standard of proof ‘beyond reasonable doubt’ in criminal proceedings. In the doctrine of criminal procedure, the concept and content of the standard of proof ‘beyond reasonable doubt’ is the subject of considerable attention of procedural scholars.

Prevention and Detection of Bid Rigging in Public Procurement in India: Role of Artificial Intelligence

India’s National Crime Record Bureau’s report, ‘Crime in India’, stipulates that the conviction rate of economic crimes is only 29.4% which is way lesser than that of criminal conviction rate of 57%. Punitive measures under the Competition Act, 2002 are relatively less explored in the Indian context. This article is an attempt to examine the punitive measures in the Act, the evidence used for conviction and to see how the same deter the violators. An attempt is made to find out how the apex court in Rajasthan Cylinders case ( Rajasthan Cylinders and Containers Ltd v. UOI and Anr., 2018 SCC Online SC 1718.) might have diluted the already weak conviction rate of India. Artificial intelligence is used in many jurisdictions for cartel identification. The evidentiary standards in Indian jurisdiction in regard to cartel identification are almost equivalent to ‘beyond reasonable doubt’ instead of ‘preponderance of probability’. Need arises that the evidentiary jurisprudence of ‘reverse onus or reverse burden’, whereby shifting the burden of proof on the accused, should be used liberally in instances of anticompetitive practices. Did the apex court fail? If digital algorithms are there to guide and highlight the red flags in clandestine cartelization, how will the jurisdictions use them to counter the anti-competitive practices?

A few remarks on professional and expert activities in criminal proceedings

In criminal proceedings, the establishment of facts beyond reasonable doubt is a cornerstone principle, ensuring that criminal offenses are accurately identified and perpetrators are justly punished while respecting the rights of all parties involved. The proof process is vital, with evidence playing an essential role in determining the outcomes of various procedural stages. Among the types of evidence, expert evidence has become increasingly significant, especially with advances in science and technology broadening the scope of issues requiring specialized knowledge. This paper aims to analyze the roles and impacts of professional and expert activities in criminal procedures. It seeks to highlight the distinctions between expert reports and professional statements, illustrating their respective legal standings and importance in the context of Slovak law. By examining the regulatory framework, specifically Act No. 382/2004 Coll. on experts, interpreters, and translators, and the Criminal Procedure Code (Act No. 301/2005 Coll.), the paper delves into the conditions, rights, and obligations of experts. Additionally, it addresses the significance of expert consultants introduced by the Criminal Procedure Code, who provide advisory services without precluding the involvement of expert witnesses for comprehensive technical assessments. Expert reports, governed by stringent formalities, are pivotal in addressing complex technical issues within criminal cases. These reports must be produced by court-appointed experts and include detailed descriptions of the methods used and the conclusions drawn. Conversely, professional statements, considered documentary evidence, do not carry the same legal weight and lack the formalities required for expert reports. The Criminal Procedure Code also ensures that expert evidence is used appropriately by stipulating when and how expert opinions should be sought. This comprehensive approach ensures that all technical and scientific issues are thoroughly examined, contributing to the fair administration of justice. In conclusion, the integration of expert and professional activities in criminal proceedings enhances the accuracy and reliability of judicial decisions. By leveraging specialized knowledge, the legal system can better fulfill its mandate of delivering justice while upholding the principles of fairness and due process. This paper underscores the necessity of clear regulatory frameworks and the proper application of expert evidence to achieve these aims.

CORRUPTION AND POLITICAL PARTY PERFORMANCE IN NIGERIA’S FOURTH REPUBLIC; FOCUS ON PEOPLES DEMOCRATIC PARTY

One of the perennial challenges facing the Nigerian polity is corruption and the political space was not left out in this regard. Despite the fact that political parties are the bedrock of democratic settings as they perform the functions of political recruitment, socialization, articulation as well as strengthening the competition in the political space, lack of ideology, corrupt practices and intra-party contradictions have hindered them from meeting their expectations. This paper interrogated the effects of corruption on political party performance in Nigeria’s Fourth Republic with much focus on the Peoples Democratic Party (PDP) and to proffer solutions on how the menace could be curbed to enhance the internal democracy and potential of the PDP to capture the state power. The paper adopted qualitative research method through the use of secondary data such as journals, textbooks and periodicals and also utilized the clientelism model as a framework of analysis. The study reveals that corruption has eaten deep into the fabric of all democratic institutions in the state including the political parties as the electoral processes have been monetized beyond reasonable doubt. The study, therefore, recommended among others that the democratic institutions in the state such as political parties and the electoral commission be strengthened so as to promote good governance, values ethics and national prosperity. Again, there should be focus on meritocracy in selecting the leadership of political parties and party candidates rather than emphasis on nepotism and relying on patron-client agreements where the patrons decide who and how leaders are elected. This will go along to establish a just, fair and an egalitarian society.

Beyond Reasonable Doubt: Reclaiming and Supporting Lived Uncertainty for a More Human MLE

Beyond Reasonable Doubt: Reclaiming and Supporting Lived Uncertainty for a More Human MLE

Beyond reasonable doubt: reconsidering Neanderthal aesthetic capacity

AbstractAn aesthetic sense—a taste for the creation and/or appreciation of that which strikes one as, e.g., attractive or awesome—is often assumed to be a distinctively H. sapiens phenomenon. However, recent paleoanthropological research is revealing its archaeologically visible, deeper roots. The sensorimotor/perceptual and cognitive capacities underpinning aesthetic activities are a major focus of evolutionary aesthetics. Here we take a diachronic, evolutionary perspective and assess ongoing scepticism regarding whether, and to what extent, aesthetic capacity extends to our evolutionary cousins, the Neanderthals. The goal of this article is twofold. First, it serves as a defence of the attribution of Neanderthal aesthetic capacity by marshalling archaeological data best explained by positing a Neanderthal aesthetic sense. Second, it offers an opportunity to make progress on understanding some epistemically relevant features of the wider debate in evolutionary aesthetics. First, we outline and analyse a range of distinct ‘sceptical arguments’ derived from attitudes and claims found in the literature and broader debate that aim to dial down the case for Neanderthal aesthetic capacity. We show that these arguments not only miss their target, they divert the debate away from more compelling questions. We then consider the case for protoaesthetic capacities and sensitivities in the Acheulean stone tool industry and argue that Neanderthals likely inherited the protoaesthetic package from ancient ancestors that they shared with H. sapiens. Finally, we sketch and defend a research agenda for framing Neanderthal aesthetic niche(s) beyond H. sapiens-derived standards, which we see as a priority for future archaeological, cognitive, and philosophical research. While we resist sceptical arguments and the often-implied inferiority of Neanderthals to humans, we also deny that Neanderthals and ancient humans were indistinguishable. Understanding the differences is an important goal of interpretation, and we apply this line of reasoning to the case of aesthetics.

Glosa do wyroku Sądu Apelacyjnego w Warszawie z 15. 02. 2022 r., II AKa 363/20

The interpretation of the offense of breach of trust made in the published judgment refers to the examination of the impact of such elements in the manager’s behavior as ethics, purposefulness and, above all, the controversial nature of some of his decisions. This is the first such accurate opinion so far, affecting criminal liability. The court correctly separated the behaviors in relation to which one can have reasonable doubts as to the conduct of the company’s management, from the statutory description of the prohibited behavior. This description does not include such elements as ethics or the controversial nature of certain decisions, unless it leads to material damage, within the statutory limits of amounts. Therefore, the mere violation of them does not entail criminal liability

SIGNIFICANCE OF HYPOTHESIS IN LEGAL RESEARCH

Hypothesis is a tentative statement about the solution of the problem. Hypothesis offers a solution of the problem that is to be verified empirically and based on some rationale. Hypothesis guides the research process in a systematic way towards a achieving a desired goal. Certain important characteristics of an ideal hypothesis include being clear, specific, empirically testable and being related to a body of theory. It acts as a temporary solution and helps the researcher to start his investigation in an objective manner. Hypotheses can be of various types such as working, scientific, alternative, research, null or statistical hypothesis. A hypothesis can virtually relate to anything under the sun. Hence, a great caution and practical approach needs to be adopted while formulating a hypothesis. Two basic methods of hypothesis formulation are qualitative method and quantitative method. Formulation of hypothesis is very crucial to the solution of research problem because hypothesis helps in keeping the research of the researcher focused. It helps in narrowing the sample so that eventually the researcher is not left with useless data. If the hypothesis is ill-defined then it will become very difficult rather practically impossible for the researcher to have a reasonable basis for his research. A properly tested hypothesis helps to either verify a theory or deny it. It may also suggest some modifications in an existing theory. Although hypothesis do not generally challenge the well known laws of the nature or the well-established principles of science which have been proved beyond reasonable doubt yet hypothesis do at times help in formulating new theories.

COPYING AND STORING OF ELECTRONIC COMMUNICATION IDENTIFYING DATA AS ELECTRONIC EVEDENCE THE STORAGE PROBLEM IN THE GEORGIAN CRIMINAL JUSTICE PROCESS – IN RELATION TO ARTICLE 8 OF THE EUROPEAN CONVENTION

The current standard of criminal procedural law of Georgia, along with the danger of illegally copying information obtained from electronic means of communication, envisages collecting such information in the hands of a professionally interested body, which is naturally a big challenge for criminal procedural law. The reason for this is the important fact that the information obtained by the investigation in this way is used as electronic evidence during the substantive consideration of the case in court. Accordingly, the case concerns information that the court must rely on in making a decision “beyond a reasonable doubt standard”. Thus, when deciding the fate of the accused, it is especially important that there are no doubts regarding the legality, truthfulness and inviolability of such evidence. The above-mentioned is particularly noteworthy in the circumstances when the above-mentioned approach, according to European human rights jurisprudence, is incompatible with the right to respect for private life protected by Article 8 of the European Convention.