TY - JOUR
T1 - Convicting with reasonable doubt
T2 - An evidentiary theory of criminal law
AU - Teichman, Doron
N1 - Publisher Copyright:
© 2017 Doron Teichman.
PY - 2017
Y1 - 2017
N2 - This Article presents an evidentiary theory of substantive criminal law according to which sanctions are distributed in proportion to the strength of the evidence mounted against the defendant. It highlights the potential advantages associated with grading penalties in proportion to the probability of wrongdoing and situates this claim within both consequentialist and deontological theories of punishment. Building on this analysis, the Article reviews the doctrinal tools used to achieve the goal of evidentiary grading of sanctions and shows that key factors in criminal law are geared towards dealing with evidentiary uncertainty. Finally, the Article explores the underlying logic of the evidentiary structure of criminal law and argues that this structure can be justified on psychological, economic, and expressive grounds.
AB - This Article presents an evidentiary theory of substantive criminal law according to which sanctions are distributed in proportion to the strength of the evidence mounted against the defendant. It highlights the potential advantages associated with grading penalties in proportion to the probability of wrongdoing and situates this claim within both consequentialist and deontological theories of punishment. Building on this analysis, the Article reviews the doctrinal tools used to achieve the goal of evidentiary grading of sanctions and shows that key factors in criminal law are geared towards dealing with evidentiary uncertainty. Finally, the Article explores the underlying logic of the evidentiary structure of criminal law and argues that this structure can be justified on psychological, economic, and expressive grounds.
UR - http://www.scopus.com/inward/record.url?scp=85040766789&partnerID=8YFLogxK
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AN - SCOPUS:85040766789
SN - 0745-3515
VL - 93
SP - 757
EP - 809
JO - Notre Dame Law Review
JF - Notre Dame Law Review
IS - 2
ER -