See also
- Argument from ignorance
- Precautionary principle
-
The dictionary definition of benefit of the doubt at Wiktionary
Moral certainty is a concept of intuitive probability. It means a very high degree of probability, sufficient for action, but short of absolute or mathematical certainty.
The notion of different degrees of certainty can be traced back to a statement in Aristotle's Nicomachean Ethics that one must be content with the kind of certainty appropriate to different subject matters, so that in practical decisions one cannot expect the certainty of mathematics. [1]
The Latin phrase moralis certitudo was first used by the French philosopher Jean Gerson about 1400, [2] to provide a basis for moral action that could (if necessary) be less exact than Aristotelian practical knowledge, thus avoiding the dangers of philosophical scepticism and opening the way for a benevolent casuistry. [3]
The Oxford English Dictionary mentions occurrences in English from 1637.
In law, moral (or "virtual") certainty has been associated with verdicts based on certainty beyond a reasonable doubt. [4]
Legal debate about instructions to seek a moral certainty has turned on the changing definitions of the phrase over time. Whereas it can be understood as an equivalent to "beyond reasonable doubt", in another sense, moral certainty refers to a firm conviction which does not correlate but rather opposes evidentiary certainty: [5] i.e. one may have a firm subjective gut feeling of guilt –a feeling of moral certainty –without the evidence necessarily justifying a guilty conviction.
The dictionary definition of benefit of the doubt at WiktionaryCriminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure.
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute.
In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or formulation for probable cause. One traditional definition, which comes from the U.S. Supreme Court's 1964 decision Beck v. Ohio, is when "whether at [the moment of arrest] the facts and circumstances within [an officer's] knowledge and of which they had reasonably trustworthy information [are] sufficient to warrant a prudent [person] in believing that [a suspect] had committed or was committing an offense."
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact. If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt.
In theology and philosophy, probabilism is an ancient Greek doctrine of academic skepticism. It holds that in the absence of certainty, plausibility or truth-likeness is the best criterion. The term can also refer to a 17th-century religious thesis about ethics, or a modern physical–philosophical thesis.
In criminal law, culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction. It has been noted that the word, culpability, "ordinarily has normative force, for in nonlegal English, a person is culpable only if he is justly to blame for his conduct". Culpability therefore marks the dividing line between moral evil, like murder, for which someone may be held legally responsible, and a randomly occurring event, like naturally occurring earthquakes or naturally arriving meteorites, for which no human can be held responsible.
The Nicomachean Ethics is Aristotle's best-known work on ethics: the science of the good for human life, that which is the goal or end at which all our actions aim. It consists of ten sections, referred to as books or scrolls, and is closely related to Aristotle's Eudemian Ethics. The work is essential in explaining Aristotelian ethics.
Phronesis is a type of wisdom or intelligence relevant to practical action. It implies both good judgment and excellence of character and habits, and was a common topic of discussion in ancient Greek philosophy. Classical works about this topic are still influential today. In Aristotelian ethics, the concept was distinguished from other words for wisdom and intellectual virtues—such as episteme and sophia—because of its practical character. The traditional Latin translation is prudentia, which is the source of the English word "prudence". Among other proposals, Thomas McEvilley has proposed that the best translation is "mindfulness".
Certainty is the epistemic property of beliefs which a person has no rational grounds for doubting. One standard way of defining epistemic certainty is that a belief is certain if and only if the person holding that belief could not be mistaken in holding that belief. Other common definitions of certainty involve the indubitable nature of such beliefs or define certainty as a property of those beliefs with the greatest possible justification. Certainty is closely related to knowledge, although contemporary philosophers tend to treat knowledge as having lower requirements than certainty.
Lemuel Shaw was an American jurist who served as chief justice of the Massachusetts Supreme Judicial Court (1830–1860). Prior to his appointment he also served for several years in the Massachusetts House of Representatives and as a state senator. In 1847, Shaw became the father-in-law of author Herman Melville. He ruled on prominent cases involving slavery, segregation, and religion.
Beyond (a) reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the standard of balance of probabilities commonly used in civil cases because the stakes are much higher in a criminal case: a person found guilty can be deprived of liberty or, in extreme cases, life, as well as suffering the collateral consequences and social stigma attached to a conviction. The prosecution is tasked with providing evidence that establishes guilt beyond a reasonable doubt in order to get a conviction; albeit prosecution may fail to complete such task, the trier-of-fact's acceptance that guilt has been proven beyond a reasonable doubt will in theory lead to conviction of the defendant. A failure for the trier-of-fact to accept that the standard of proof of guilt beyond a reasonable doubt has been met thus entitles the accused to an acquittal. This standard of proof is widely accepted in many criminal justice systems, and its origin can be traced to Blackstone's ratio, "It is better that ten guilty persons escape than that one innocent suffer."
John Mitchell Finnis is an Australian legal philosopher and jurist specializing in jurisprudence and the philosophy of law. He is an original interpreter of Aristotle and Aquinas, and counts Germain Grisez as a major influence and collaborator. He has made contributions to epistemology, metaphysics, and moral philosophy.
R v Lifchus, [1997] 3 SCR 320 is a leading Supreme Court of Canada decision on the legal basis of the "beyond a reasonable doubt" standard for criminal law. Cory J outlined several core principles of the reasonable doubt standard and provided a list of points that must be explained to a jury when they are to consider the standard.
In criminal law, intent is a subjective state of mind that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is scienter: intent or knowledge of wrongdoing.
In English criminal law, intention is one of the types of mens rea that, when accompanied by an actus reus, constitutes a crime.
In Catholic moral theology, probabilism provides a way of answering the question about what to do when one does not know what to do. Probabilism proposes that one can follow an authoritative opinion regarding whether an act may be performed morally, even though the opposite opinion is more probable. It was first formulated in 1577 by Bartholomew Medina, OP, who taught at Salamanca.
In criminal law, guilt is the state of being responsible for the commission of an offense. Legal guilt is entirely externally defined by the state, or more generally a "court of law". Being factually guilty of a criminal offense means that one has committed a violation of criminal law or performed all the elements of the offense set out by a criminal statute. The determination that one has committed that violation is made by an external body after the determination of the facts by a finder of fact or "factfinder" and is, therefore, as definitive as the record-keeping of the body. For instance, in the case of a bench trial, a judge acts as both the court of law and the factfinder, whereas in a jury trial, the jury is the trier of fact and the judge acts only as the trier of law.
Academic skepticism refers to the skeptical period of the Academy dating from around 266 BCE, when Arcesilaus became scholarch, until around 90 BCE, when Antiochus of Ascalon rejected skepticism, although individual philosophers, such as Favorinus and his teacher Plutarch, continued to defend skepticism after this date. Unlike the existing school of skepticism, the Pyrrhonists, they maintained that knowledge of things is impossible. Ideas or notions are never true; nevertheless, there are degrees of plausibility, and hence degrees of belief, which allow one to act. The school was characterized by its attacks on the Stoics, particularly their dogma that convincing impressions led to true knowledge. The most important Academics were Arcesilaus, Carneades, and Philo of Larissa. The most extensive ancient source of information about Academic skepticism is Academica, written by the Academic skeptic philosopher Cicero.
The burden of proof is the obligation on a party in a dispute to provide sufficient warrant for its position.
In India according to Section 300 of the Indian Penal Code, 1860, murder is defined as follows:
Murder.--Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or- 167 2ndly.-If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused. or- 3rdly.-If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or- 4thly.-If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.
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