Download Arguments, Stories and Criminal Evidence: A Formal Hybrid by Floris J. Bex PDF

By Floris J. Bex

ISBN-10: 940070139X

ISBN-13: 9789400701397

In this e-book a concept of reasoning with facts within the context of legal circumstances is constructed. the most topic of this learn isn't the legislations of proof yet really the rational technique of evidence, which contains developing, trying out and justifying situations approximately what occurred utilizing proof and common sense wisdom. A crucial subject within the publication is the research of ones reasoning, in order that complicated styles are made extra particular and transparent. This research makes use of tales approximately what occurred and arguments to anchor those tales in facts. therefore the argumentative and the narrative techniques from the study in felony philosophy and criminal psychology are mixed. as the e-book describes its matters in either a casual and a proper variety, it's appropriate for students in felony philosophy, AI, common sense and argumentation concept. The e-book may also entice practitioners within the investigative and criminal professions, who're drawn to the ways that they could and may cause with evidence.

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Extra info for Arguments, Stories and Criminal Evidence: A Formal Hybrid Theory

Example text

It can be seen how this characterization of the process of proof in crime investigation fits the contexts of discovery, pursuit and justification. In a search case hypothetical scenarios are discovered, which are then investigated and verified in the context of pursuit. Ideally a clear-cut proof is then given for a particular scenario so that the investigation can be closed and the trial phase can start. The above discussion only concerns criminal investigation and does not take the decision-making phase in a legal case into account.

That there is a clearly defined cognitive consensus about our stock of knowledge is also questionable. Furthermore, this stock of knowledge may also contain other, more complex knowledge structures such as stories. One of the main dangers here is that generalizations (or the contents of the stock of knowledge) are often left implicit in the reasoning process. Therefore, the validity of a generalization or any exceptions in the case at hand cannot be checked. Anderson and colleagues (2005, pp. 279–282) provide protocols for assessing the plausibility of generalizations and stories.

So from this new evidence, we can infer that Haaknat had been in the car. This conclusion can be combined with the conclusion that someone who looked like Haaknat got into the car (Fig. 4 on p. 40). In this figure, multiple arguments are combined in a graph or tree like structure which shows many similarities to a Wigmore chart. For example, the evidential data is shown at the bottom and the conclusions at the top. , 2004) or inference graph (Pollock, 1995). The graph can be seen as one argument for the conclusion that Haaknat was the man who got into the car.

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