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

Autores/as

  • Federico Picinali

Palabras clave:

prova, dúvida razoável, autoevidente, processo criminal italiano.

Resumen

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.

Número

Sección

Sistemas Contemporáneos de Defensa Pública Penal