Is “proof beyond a reasonable doubt” a self-evident concept? Considering the US and the Italian legal cultures towards the understanding of the standard of persuasion in criminal cases

Authors

  • Federico Picinali

Keywords:

proof, reasonable doubt, self-evident, Italian criminal process.

Abstract

The aim of this paper is to show that the standard of “proof beyond a reasonable doubt”, considered to be the bedrock which protects the values at stake both in the US and in the Italian criminal process, is not a matter of the people’s original understanding, that is, a “self-evident” concept, but needs a considerable insight in order to be understood and to be enforced.

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Issue

Vol. 2 No. 1 (2010)

Section

Contemporary Criminal Legal Systems

License

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