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Legal evidence Legal causation

Legal evidence Legal causation. What causes legal evidence and what does legal evidence cause. Who/what you can aspect…. John A. Coster van Voorhout Appeal Court judge in The Netherlands Specialist in criminal law Chambers on the continent. No philosopher, No scientist…. Judging….

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Legal evidence Legal causation

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  1. Legal evidenceLegal causation What causes legal evidence and what does legal evidence cause

  2. Who/what you can aspect… John A. Coster van Voorhout • Appeal Court judge in The Netherlands • Specialist in criminal law • Chambers on the continent. • No philosopher, • No scientist…

  3. Judging…

  4. Subjects The cause of legal evidence The effect of legal evidence (or what does legal evidence cause)

  5. Statement Legal causationandlegalevidenceare bothnormativephenomenona

  6. The cause of legal evidence • Evidence, interestingfor the lawyer • The threecredentials of evidence

  7. The cause of legal evidence Evidenceinterestingfor the lawyer • The Law(yer) is lookingfor the materialtruth • That is: Justifiedtothinkreally (factually) has happened

  8. The cause of legal evidence

  9. The cause of legal evidence • The three credentials of evidence: (Prof. Schum) • Relevance • Credibility and… • Probative value (inferential force)

  10. The cause of legal evidence Limitations to legal evidence • brought orally, in writing and/or ‘tangible’ • It has to arrive in a legitimate (lawful) way Evidence => ?Proof? by torture

  11. The cause of legal evidence Subconclusion: Legal evidenceis causedbya mix of conditions, it must have been materialised, it must bring the materialtruthand must belawful.

  12. The cause of legal evidence • Lawyer’s causal reasoning: What (source) made happen what (effect) Judge’s causal reasoning: Contrary to the scientist: he has to decide which of the causal reasonings is the best founded.

  13. The cause of legal evidence

  14. The cause of legal evidence • Legal interpretation of causation: • Condicio sine qua non …the world changed by an action where damage has been the effect of it Combined with: • Attribution of the damage on reasonable grounds …to attribute a specific effect to the agent’s behavior.

  15. The cause of legal evidence • Condicio sine qua non • CSQN-test [GB: “But for”test] • Only fysically • Scientifically based • Not perfect: “A drowning person A. not saved by a passer-by B. will die from drwoning, not because of the non-help of B”

  16. The cause of legal evidence “Attribution on reasonable grounds” It works two ways…: -in favour of the agent stabber -> surgeon -> victim dies -or to the disadvantage of him stabber -> surgeon -> victim dies QB: who is to blame (more)

  17. The effect of legal evidence(or what does legal evidence cause) Evidence => Proof => ‘TRUTH’ B.R.D. (=> = leads to…)

  18. Statement Legal causationandlegalevidence, bothnormativephenomenona QED

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