Topic

Standard of proof in criminal cases

Author

F Picanali

Viewpoint

Argues that the standard ‘beyond reasonable doubt’ is better understood as a form of reasoning on the part of the jury rather than a threshold to be achieved. Concentration on the concept of a threshold indicating the quality and quantity of evidence sufficient for a finding of fact encroaches on the role of the fact-finder. The paper reviews the philosophical dimension of the proposed change and concludes with practical recommendations for devising a new judicial instruction on the standard of proof.

Source

‘The Threshold Lies in the Method: Instructing Jurors about Reasoning beyond Reasonable Doubt’ (2015) 19/3 E&P 139

Topic

Is it a satisfactory response to the placing of a reverse burden in regulatory offences to decriminalise such activity?

Author

N Padfield

Viewpoint

Argues for a category of administrative regulations which would carry little stigma and for which strict liability or reversing the burden of proof would be acceptable.

Source

‘The Burden of Proof Unresolved’ [2005] CLJ 17