La relación entre la práctica de los sistemas penales y la determinación de los estándares de prueba

Eyherabide, Santiago
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This article offers a proposal on how the standard of proof shapes itself in the daily practice of the criminal justice system. I claim that, together with the general formulation at the normative level, there is a practical dimension of the standard of proof for the different ways the commission of a crime is established by courts. After computing the effects produced by the vagueness of the formulation of the standard and the imprecision of the evidentiary results, it is argued that, based on the regular methods of investigation of the different crimes, there are «evidentiary reference sets» and «contexts of misfortune» structurally repeated in the cases that determine how the defendant, whether guilty or innocent, could be involved in a process. Therefore, it is certain configurations of such sets, in the practice of judicial systems, that are required to issue a sentence. On the other hand, it is developed how the models of trial by juries and professional judges try to guarantee the satisfaction of the standard. Finally, the effects produced by the errors of the judicial operators in the gathering of evidence and in the inferences they make with it are considered ​
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