NCJ Number
139317
Date Published
1991
Length
380 pages
Annotation
This analysis of two basic legal principles in Anglo- American law, proof beyond reasonable doubt and probable cause, focuses on their origins in the law and culture of early modern England and in Romano-canon law and traces their subsequent development and application.
Abstract
The text explains how religious and philosophical notions concerning truth and its attainment affected concepts of evidence and proof. The discussion examines the borrowing and migration of evidentiary concepts, challenging the commonly held view that the Anglo-American law of evidence has little, if any, Romano-canon influence and demonstrating that this influence can be found in legal procedures preceding the criminal trial, including the grand jury and the preliminary hearing. The author also shows that the concepts of witness testimony, hearsay, and circumstantial evidence owe more to continental sources than has been recognized. Chapter notes, index, and over 400 references (Publisher summary modified)