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Record W2914773908 · doi:10.1177/1365712718824123

The ‘Corroborative Rule’ from a comparative and critical perspective

2019· article· en· W2914773908 on OpenAlexaboutno aff
Guy Ben-David

Bibliographic record

VenueThe International Journal of Evidence & Proof · 2019
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsnot available
Fundersnot available
KeywordsConvictionConvictMistakeLawJuryStatuteReasonable doubtOrder (exchange)Common lawPerspective (graphical)Political sciencePsychologyEconomicsComputer science

Abstract

fetched live from OpenAlex

In general, a conviction may be based on a single piece of evidence or a single testimony if the court is convinced that it proves the accused’s guilt beyond a reasonable doubt. Nevertheless, in some jurisdictions special cases were established by statute and case law in which a single piece of evidence cannot suffice to prove a defendant’s guilt and additional evidence is required to support the main evidence. This rule, known as the Corroborative Rule (hereinafter ‘the rule’ or ‘CR’) constitutes a barrier against conviction on the basis of individual evidence, without the judge or jury cautioning themselves against reliance on a single piece of evidence in order to convict the accused. In general, the requirement for additional evidence exists in cases where there is a single piece of incriminating evidence, but there is concern regarding its reliability. In order to reduce the risk of a mistake that will lead to a false conviction (conviction of an innocent defendant), the law requires additional evidence as a condition for conviction. The first purpose of this article is to provide a comparative-descriptive perspective on the CR as practised in Anglo-American and Israeli law. While in continental law a defendant’s conviction is not subject to any requirement for a specific quantity of evidence, in Anglo-American law there is a clear trend to reduce the application of a requirement for additional evidence. Yet in Israeli law, an opposite trend is evident, expressed in increased application of the Corroborative Rule in order to convict the accused. The second purpose of the article is to undertake a critical examination of the theoretical infrastructure underpinning the CR. According to this infrastructure, the justification for the CR is epistemic and relates, as a rule, to testimony whose reliability is, a priori, dubious. Thus the CR is linked to one of the purposes of some of the rules of criminal proceedings, which is to prevent the conviction of innocent defendants. However, at the same time, the CR restricts judicial discretion and harms the prosecutor’s and the court’s ability to ensure conviction of guilty defendants, even in cases where there is a single piece of evidence, which the court trusts. The first section provides a comparison of the use of the CR in English, Canadian, Scottish, American and Israeli law. The second section is devoted to the description of the theoretical infrastructure of the CR, while the third section contains a critical discussion on both the theoretical infrastructure described in the second section and also the requirement for evidential supplements, in general. To conclude the article, I provide a summary of its contents.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.003
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.364
Threshold uncertainty score0.360

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.003
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.001
Scholarly communication0.0000.001
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.164
GPT teacher head0.459
Teacher spread0.295 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations4
Published2019
Admission routes1
Has abstractyes

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