Evaluation of Evidence
Pre-Modern and Modern Approaches

Well-chosen negative legal proof rules can be useful procedural safeguards. They existed in both pre-modern and modern criminal procedures.

Mirjan Damaška (Author)

9781108739719, Cambridge University Press

Paperback / softback, published 27 February 2020

160 pages
23 x 15.2 x 0.8 cm, 0.25 kg

'The book is an outstanding historical research about some of the most important topics concerning the evaluation of evidence in criminal law. Damaška's view is original, based upon a wide and deep analysis of the historical sources. Evaluation of Evidence is an important contribution to the history of judicial systems, in particular the evolution of evidentiary rules and the function of courts, with main reference to the inquisitorial model that dominated the Western world for several centuries.' Michele Taruffo, University of Pavia, Italy

Judges were never bound by law to convict a defendant unless they considered him guilty. Yet, they could be prohibited by law from convicting a person they consider guilty due to the absence of legally prescribed or the presence of legally prohibited evidence. Evaluation of Evidence addresses the question: should the law restrict the freedom of judges in assessing the probative value of evidence in the criminal process? Tracing the treatment of evidence from pre-modern to modern times, Mirjan Damaška argues that there has always been some understanding about rules regarding the use and treatment of evidence, and these rules should not be looked askance as a departure from ideal arrangements. In a time when science and technology have the ability to contribute to factual inquiry, there needs to be acceptance of rules that expand or corroborate evidence produced by our native sensory apparatus.

Prologue
1. The origin of Roman-canon legal proof for criminal cases
2. Epistemic foundations
3. Orientation in the labryinth
4. The two-eyewitnesses rule
5. The probative impact of confessions
6. The negative impact of legal proof
7. Roman-canon rejection of persuasive evidence
8. Evading the Roman-canon full proof standard
9. Recapitulation
10. Continental successors to Roman-canon legal proof
11. Roman-canon legal proof and common law evidence
Epilogue.

Subject Areas: Criminal procedure: law of evidence [LNFX3], Comparative law [LAM]