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Crime Investigation and the Criminal Trial: A Three Chapter Paradigm of Evidence

NCJ Number
151749
Journal
Journal of the Forensic Science Society Volume: 34 Issue: 3 Dated: (July-September 1994) Pages: 155-164
Author(s)
S S Kind
Date Published
1994
Length
10 pages
Annotation
This paper describes the investigation of a crime and the resulting criminal trial as a book that has three chapters: (1) The Problem To Find, (2) The Decision To Charge, and (3) The Problem To Prove.
Abstract
All three chapters contain elements of induction and deduction. Induction consists of reasoning from the particular to the general. Deduction consists of reasoning from the general to the particular. However, the first chapter, the investigation, requires mainly inductive reasoning in that it considers how various pieces of evidence combine to point to a particular suspect. The second chapter is something of a hybrid. It represents the basic change in mental attitude required in the change from a mainly inductive to a mainly deductive reasoning approach to evidence. The third chapter, the criminal trial, the criminal trial, is mainly deductive in that it considers each piece of evidence with respect to the hypothesis that the accused person is guilty of the offense. The paper also discusses some contemporary statistical attitudes to evidential value, in relation to the extrinsic and intrinsic properties of physical evidence and to the conflicting attitudes to evidence evaluation throughout the criminal trial. 15 references (Author abstract modified)