As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.
'Those who know little about criminal evidence should read this book. Those who think they are knowledgeable about it also. And all those in between. None of them will ever again sleep the restful sleep that it is easy to prove that somebody committed a crime.' Peter J. van Koppen, Maastricht University and Free University Amsterdam, The Netherlands 'The Netherlands has a strong tradition of exploring theoretical issues relating to argumentation, narrative, statistics, evidence, the logic of proof and their interactions in legal contexts. This challenging volume builds on and extends this tradition. It engages critically with the Anglo-American literature across the common law/civil divide.' William Twining, University College London, UK 'With some very relevant and interesting chapters it is an essential read for those wishing to understand in more detail the interactions that take place in criminal trials between the various aspects of the legal system.' The Cambrian Law Review 'This book is perfect for anyone interested in legal proof and evidence, whether a specialist or not, to get an introduction to the state-of-the-art, and a survey of the latest work on fundamental subjects like burden of proof and analysis of stories using argumentation schemes. All of the papers are illustrated with interesting cases…[and] are clearly written in a way that makes them highly accessible to and interesting to an interdisciplinary readership.' Artificial Intelligence and Law