Predictive Evidence in Criminal Trials
In previous works, I have sought to explain and justify the hostility of criminal proceedings toward statistical evidence by suggesting that criminal fact-finding implicitly adheres to the view that culpable conduct requires free will that is necessarily unpredictable. In this paper, I argue that C...
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Format: | Article |
Language: | English |
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Marcial Pons
2023-11-01
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Series: | Quaestio Facti |
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Online Access: | https://revistes.udg.edu/quaestio-facti/article/view/22895 |
Summary: | In previous works, I have sought to explain and justify the hostility of criminal proceedings toward statistical evidence by suggesting that criminal fact-finding implicitly adheres to the view that culpable conduct requires free will that is necessarily unpredictable. In this paper, I argue that Criminal Law should treat people based on the assumption that they have unpredictable free will, even if this assumption is unfounded or even false. I first show how the use of predictive evidence undermines the effectiveness of stigmatisation, based in part on the phenomenon of ‘bypassing’. I then claim that my justification has a considerable advantage over the popular incentive-based justification.
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ISSN: | 2660-4515 2604-6202 |