The nature of juridical proof

2016 ◽  
Vol 21 (1-2) ◽  
pp. 133-142 ◽  
Author(s):  
Ronald J. Allen

The different contexts of forensic science and juridical decision making are explored to identify the nature of juridical proof, the role of formalized probability theory in it, and how factual inquiry proceeds in the differing domains.

Author(s):  
Andrei Khrennikov

We discuss the subjective probability interpretation of the quantum-like approach to decision making and more generally to cognition. Our aim is to adopt the subjective probability interpretation of quantum mechanics, quantum Bayesianism (QBism), to serve quantum-like modelling and applications of quantum probability outside of physics. We analyse the classical and quantum probabilistic schemes of probability update, learning and decision-making and emphasize the role of Jeffrey conditioning and its quantum generalizations. Classically, this type of conditioning and corresponding probability update is based on the formula of total probability—one the basic laws of classical probability theory.


2015 ◽  
Vol 370 (1674) ◽  
pp. 20140255 ◽  
Author(s):  
Itiel E. Dror

The human element plays a critical role in forensic science. It is not limited only to issues relating to forensic decision-making, such as bias, but also relates to most aspects of forensic work (some of which even take place before a crime is ever committed or long after the verification of the forensic conclusion). In this paper, I explicate many aspects of forensic work that involve the human element and therefore show the relevance (and potential contribution) of cognitive neuroscience to forensic science. The 10 aspects covered in this paper are proactive forensic science, selection during recruitment, training, crime scene investigation, forensic decision-making, verification and conflict resolution, reporting, the role of the forensic examiner, presentation in court and judicial decisions. As the forensic community is taking on the challenges introduced by the realization that the human element is critical for forensic work, new opportunities emerge that allow for considerable improvement and enhancement of the forensic science endeavour.


2019 ◽  
pp. 115-140
Author(s):  
Carolyn Hoyle ◽  
Mai Sato

This chapter examines issues arising from cases that turn on forensic and expert evidence, focusing on how the Criminal Cases Review Commission investigates such applications and makes its decisions. Drawing on a sample of sixty-one cases involving forty-two applicants, the chapter shows how the Commission makes decisions in cases that ‘turn on’ forensic science and expert testimony. It also considers the influence of developments in the ‘surround’ of the Commission and how the surround affects the Commission's decision field — the broad setting within which decision-making at the Commission takes place. Finally, it analyses the role of decision frames in the Commission's decision-making on forensic and expert evidence cases, noting that such frames are characterised by uncertainty and even anxiety. Concerns about the interpretation and presentation of forensic evidence at trial are discussed, along with the legal and narrative frames of decision-making in forensic and expert evidence cases.


2018 ◽  
Vol 41 ◽  
Author(s):  
Kevin Arceneaux

AbstractIntuitions guide decision-making, and looking to the evolutionary history of humans illuminates why some behavioral responses are more intuitive than others. Yet a place remains for cognitive processes to second-guess intuitive responses – that is, to be reflective – and individual differences abound in automatic, intuitive processing as well.


2014 ◽  
Vol 21 (1) ◽  
pp. 15-23 ◽  
Author(s):  
Helen Pryce ◽  
Amanda Hall

Shared decision-making (SDM), a component of patient-centered care, is the process in which the clinician and patient both participate in decision-making about treatment; information is shared between the parties and both agree with the decision. Shared decision-making is appropriate for health care conditions in which there is more than one evidence-based treatment or management option that have different benefits and risks. The patient's involvement ensures that the decisions regarding treatment are sensitive to the patient's values and preferences. Audiologic rehabilitation requires substantial behavior changes on the part of patients and includes benefits to their communication as well as compromises and potential risks. This article identifies the importance of shared decision-making in audiologic rehabilitation and the changes required to implement it effectively.


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