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Rechtswissenschaftliche Fakultät CrimLaw

The Distinctiveness of the Criminal Standard of Proof

The Criminal Standard of Proof

Prof. Dr. John Jackson & Prof. Dr. Sarah Summers

Dates

30.05.2024 - 01.06.2024

Workshop Description

In criminal proceedings, there is wide consensus that the attribution of liability and the imposition of punishment is dependent on the prosecution being able to prove that the accused is guilty of having committed a criminal offence. Less clarity surrounds the scope, regulation and indeed justification of the degree or level of proof which must be met in order to support a criminal conviction. This lack of consensus reflects variety in the regulation of proof in different national and international legal jurisdictions, disagreements about the scope of the presumption of innocence and other underlying procedural principles, differences in the normative understanding of the purpose of criminal proceedings and differences in the conceptualisation of the epistemic ambitions of criminal proceedings. This workshop sets out to bring inter-disciplinary and comparative perspectives on these issues and to examine the claim that the standard of proof is or ought to be higher in criminal proceedings than in other types of proceedings, such as those involving civil or administrative claims.

The workshop will be split into two parts (spring 2024: 30.05. - 01.06.2024 and spring 2025, date tbd) and both parts will take place in Zurich. Papers will be circulated in advance and the focus of the workshop will be on comment and discussion.

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