Articles Tagged Burden of Proof

Russell D. Covey, Longitudinal Guilt: Repeat Offenders, Plea Bargaining, and the Variable Standard of Proof

63 Fla. L. Rev. 431 (2011)| |   | | ABSTRACT :: This Article introduces a new concept-“longitudinal guilt”-which invites readers to reconsider basic presuppositions about the way our criminal justice system determines guilt in criminal cases. In short, the idea is that a variety of features of criminal procedure, most importantly, plea bargaining, conspire to […]

Michael S. Pardo, Second-Order Proof Rules

61 Fla. L. Rev. 1083 (2009) | | | | ABSTRACT :: Proof rules in law dictate when facts have been proven. They do so by specifying a level of proof such as by a preponderance of the evidence, by clear and convincing evidence, or beyond a reasonable doubt. The goals of the rules are […]