What probability should a jury address?

Authors

  • Tony Gardner-Medwin

    1. Tony Gardner-Medwin is a neurophysiologist at University College London. He has a particular interest in the use of confidence-based marking to motivate students to justify their beliefs, to improve both learning and educational assessment.
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Abstract

Probability of guilt is not the criterion on which a verdict in a criminal trial should be based, says Tony Gardner-Medwin. The courts, quite sensibly, do not even allow access to some of the background evidence on which a proper assessment of this probability should be made. He argues that a more satisfactory criterion is the probability, or degree of belief, that the evidence could have arisen without guilt.

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