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