Long before the law of probabilities was articulated as such, practical people formulated certain common sense conclusions about human behaviour; jurors as factfinders are permitted to do the same - and so are law enforcement officers.
The factfinder would have to weigh the credibility of the witnesses.
For one thing, a judge's doubt do not necessary mean a case should be taken from the jury, the ultimate factfinder.
First, for every argument why juries are more accurate factfinders, there is another why they are less accurate.
The answer is that when it suited its purposes, the panel conducted itself in the fashion of factfinders operating under the traditional civil law standard of proof for the finding of facts: the preponderance of the evidence.
Definition of fact-finder in US English:
fact-finder
noun
See fact-finding
Example sentencesExamples
Long before the law of probabilities was articulated as such, practical people formulated certain common sense conclusions about human behaviour; jurors as factfinders are permitted to do the same - and so are law enforcement officers.
The factfinder would have to weigh the credibility of the witnesses.
For one thing, a judge's doubt do not necessary mean a case should be taken from the jury, the ultimate factfinder.
First, for every argument why juries are more accurate factfinders, there is another why they are less accurate.
The answer is that when it suited its purposes, the panel conducted itself in the fashion of factfinders operating under the traditional civil law standard of proof for the finding of facts: the preponderance of the evidence.