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Article published In:
Journal of Argumentation in Context
Vol. 10:2 (2021) ► pp.245–261

A system of circumstantial evidence for fact-finding in criminal trial

| Kim Il Sung University
| Kim Il Sung University
| Kim Il Sung University

One of the most intractable, but significant problems in the theory of legal evidence concerns circumstantial evidence. The diversity and complexity of criminal cases cause some bottlenecks and difficulties in developing reasonable methods to prove the criminal issue by means of circumstantial evidence. The main purpose of this paper is to present more effective methods of fact-finding just by means of a system of circumstantial evidence (SCE). On the basis of analysis of the nature of circumstantial evidence, we find it necessary for the prosecution to construct a SCE in order to make a judge or jury accept the prosecution’s conclusion as the best explanation. We also present a reasonable logical structure of such a system and address some legal and logical problems in introducing it.

Keywords: criminal trial, fact-finding, inference to the best explanation, penultimate probanda , system of circumstantial evidence, ultimate probandum
Article outline
  • 1.Introduction
  • 2.The nature of and necessity for a system of circumstantial evidence
    • 2.1What is a system of circumstantial evidence?
    • 2.2Why should all of circumstantial evidence be integrated into a system?
  • 3.The reasonable logical structure of a system of circumstantial evidence
    • 3.1Components of a system of circumstantial evidence
      • 3.1.1Ultimate probandum
      • 3.1.2Penultimate probanda
      • 3.1.3Lines of arguments directed to support the PPs
      • 3.1.4Alternative hypotheses (AH)
    • 3.2Criteria for organizing components of a system of circumstantial evidence
  • 4.Fundamental issues concerning the use of a system of circumstantial evidence
    • 4.1Analysis of circumstantial evidence obtained in a given case
    • 4.2Analysis of each inferential link on the structure of a system of circumstantial evidence
  • 5.Conclusion
  • References
Published online: 5 July 2021
DOI logo
https://doi.org/10.1075/jaic.20009.ri
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