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  1. Reasonable Doubt, Robust Evidential Probability and the Unknown.Hylke Jellema - forthcoming - Criminal Law and Philosophy:1-20.
    Most legal evidence scholars agree that proof of guilt beyond a reasonable doubt requires the belief that the defendant probably committed the alleged acts. However, they also agree that this is not a sufficient condition, as this belief may be unreasonable. I focus on two popular proposals for additional conditions: (i) that the degree of belief should be robust and (ii) that it should be reasonable given the available evidence (should be an evidential probability). Both criteria face difficulties regarding their (...)
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  • The reasonable doubt standard as inference to the best explanation.Hylke Jellema - 2020 - Synthese 199 (1-2):949-973.
    Explanationist accounts of rational legal proof view trials as a competition between explanations. Such accounts are often criticized for being underdeveloped. One question in need of further attention is when guilt is proven beyond a reasonable doubt in criminal trials. This article defends an inference to the best explanation -based approach on which guilt is only established BARD if the best guilt explanation in a case is substantially more plausible than any innocence explanation, and there is no good reason to (...)
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