ABSTRACT

As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.

chapter |14 pages

General Introduction

chapter 2|32 pages

The Fabrication of Facts: The Lure of the Incredible Coincidence

ByTon Derksen, Monica Meijsing

chapter 3|22 pages

Decision-making in the Forensic Arena

ByTon Broeders

chapter 4|24 pages

Analysing Stories Using Schemes

ByFloris Bex

chapter 5|18 pages

The Evaluation of Evidence: Differences between Legal Systems

ByMarijke Malsch, Ian Freckelton

chapter 6|26 pages

Inference to the Best Legal Explanation

ByAmalia Amaya

chapter 7|34 pages

Accepting the Truth of a Story about the Facts of a Criminal Case

ByBart Verheij, Floris Bex

chapter 9|32 pages

A Logical Analysis of Burdens of Proof

ByHenry Prakken, Giovanni Sartor