Standards of Proof: Theories and Evidence
15 Pages Posted: 9 Feb 2022 Last revised: 13 Apr 2022
Date Written: February 7, 2022
Abstract
I review alternative normative and descriptive theories of legal standards of proof, as well as empirical evidence on how ordinary citizens interpret and apply these standards. Among the approaches I survey are decision theoretic accounts, the story model, constraint satisfaction models, the relative plausibility account, and a model of group standards applied by deliberating juries.
Keywords: Reasonable doubt; standard of proof, legal fact-finding
JEL Classification: C02, D70
Suggested Citation: Suggested Citation
MacCoun, Robert, Standards of Proof: Theories and Evidence (February 7, 2022). Stanford Law and Economics Olin Working Paper No. 569, Available at SSRN: https://ssrn.com/abstract=4029030 or http://dx.doi.org/10.2139/ssrn.4029030
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.