How Jurors' Beliefs Count

58 Pages Posted: 24 Nov 2021

See all articles by Jack Whiteley

Jack Whiteley

University of Minnesota School of Law

Date Written: October 1, 2021

Abstract

This article develops a solution to the proof paradoxes. It argues that the standards of proof condition liability on jurors forming what philosophers call a full or outright belief that the defendant broke the law. This requirement solves the problems of statistical evidence and the conjunction of the elements, and it resolves a longstanding split among judges on jury instructions. The article also raises objections to previous solutions, including public acceptance, relative plausibility, and probabilistic knowledge.

Keywords: Evidence, Jurisprudence

Suggested Citation

Whiteley, Jack, How Jurors' Beliefs Count (October 1, 2021). Mississippi Law Journal, Vol. 90, 2021, Available at SSRN: https://ssrn.com/abstract=3934594

Jack Whiteley (Contact Author)

University of Minnesota School of Law ( email )

United States

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