{"title":"A system of circumstantial evidence for fact-finding in criminal trial","authors":"Yong-Sok Ri, Yong-Min Kwon, Wi-Song Pang","doi":"10.1075/JAIC.20009.RI","DOIUrl":null,"url":null,"abstract":"\n One of the most intractable, but significant problems in the theory of legal evidence concerns circumstantial\n evidence. The diversity and complexity of criminal cases cause some bottlenecks and difficulties in developing reasonable methods\n to prove the criminal issue by means of circumstantial evidence. The main purpose of this paper is to present more effective\n methods of fact-finding just by means of a system of circumstantial evidence (SCE). On the basis of analysis of the nature of\n circumstantial evidence, we find it necessary for the prosecution to construct a SCE in order to make a judge or jury accept the\n prosecution’s conclusion as the best explanation. We also present a reasonable logical structure of such a system and address some\n legal and logical problems in introducing it.","PeriodicalId":41908,"journal":{"name":"Journal of Argumentation in Context","volume":" ","pages":""},"PeriodicalIF":0.6000,"publicationDate":"2021-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Argumentation in Context","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1075/JAIC.20009.RI","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"COMMUNICATION","Score":null,"Total":0}
引用次数: 0
Abstract
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.
期刊介绍：
The Journal of Argumentation in Context aims to publish high-quality papers about the role of argumentation in the various kinds of argumentative practices that have come into being in social life. These practices include, for instance, political, legal, medical, financial, commercial, academic, educational, problem-solving, and interpersonal communication. In all cases certain aspects of such practices will be analyzed from the perspective of argumentation theory with a view of gaining a better understanding of certain vital characteristics of these practices. This means that the journal has an empirical orientation and concentrates on real-life argumentation but is at the same time out to publish only papers that are informed by relevant insights from argumentation theory.
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