Beyond Reasonable Doubt and Probable Cause

Historical Perspectives on the Anglo-American Law of Evidence

Barbara J. Shapiro

• Publisher: University of California Press
• Year: 2023
• Print ISBN:
  9780520359963
• Edition: 1
• eBook ISBN:
  9780520313408
• Topic: History
• Subtopic: European History
• Index: History

Beyond Reasonable Doubt and Probable Cause: Historical Perspectives on the Anglo-American Law of Evidence delves into the evolution of evidentiary doctrines within the Anglo-American legal system, focusing on their development from the early modern period to the twentieth century. This book examines the historical and intellectual underpinnings of key concepts like "beyond reasonable doubt" and "probable cause," exploring their roles in shaping the criminal justice process across various stages, from arrest to jury deliberation. By engaging with both doctrinal writings and broader philosophical and religious influences, the study highlights the interplay between evolving legal standards and cultural notions of truth and certainty. The work also traces the migration of evidentiary principles between institutions, such as the grand jury, trial jury, and pretrial hearings, and examines how these concepts were influenced by Romano-canon traditions. The book is structured thematically, addressing three major areas: the interaction between legal and philosophical ideas of evidence and proof; the transmission of evidentiary concepts across different procedural stages; and the impact of Romano-canon traditions on English law. Individual chapters tackle topics such as the trial jury's reliance on "beyond reasonable doubt," the grand jury's evidentiary standards, and the migration of "probable cause" across arrest, search, and pretrial procedures. The analysis also revisits philosophical contributions to evidentiary concepts and explores the incorporation of circumstantial evidence and presumption into Anglo-American legal thought. Ultimately, this study sheds light on how these legal doctrines have shaped and reflected the intellectual and institutional foundations of Anglo-American legal culture. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1991.

Many titles in the Voices Revived program are also newly available as ebooks, offered at a discounted price to support wider access to scholarly work.

Table of contents

• Cover
• Title
• Copyright
• Contents
• Chapter One The Trial Jury and the Evolution of the Doctrine of “Beyond Reasonable Doubt”
• Conclusion
• Chapter Two The Grand Jury and the Instability of Legal Doctrine
• Chapter Three Species of Probability and Institutional Migration
• Chapter Four Species of Probability and Doctrinal Borrowing
• Appendix
• Notes
• Bibliography
• Index