Reasonable Doubt: A Particular Conception

2010 ◽  
Author(s):  
Sergio Novani
Keyword(s):  
Reasonable Doubt

scholarly journals Endoscopic vein harvest: benefits beyond (a) reasonable doubt?

2019 ◽  
Vol 11 (S9) ◽  
pp. S1342-S1345
Author(s):  
Gianluca Lucchese ◽  
Omar A. Jarral
Keyword(s):  
Reasonable Doubt

Reasonable Grounds Evidence Involving Sexual Violence in Darfur

2010 ◽  
Vol 35 (04) ◽  
pp. 881-917
Author(s):  
John Hagan ◽  
Richard Brooks ◽  
Todd Haugh
Keyword(s):  
Social Science ◽  
Sexual Violence ◽  
Criminal Court ◽  
Reasonable Doubt ◽  
International Conflicts ◽  
Chain Of Command ◽  
Applied Social Science ◽  
A Chain ◽  
Social Science Evidence ◽  
Superior Responsibility

Internal and international conflicts can often involve a level of impunity that allows sexual violence to persist unchecked by military and political leaders. The recent reversal by an appeals panel at the International Criminal Court of a pretrial decision not to charge President al‐Bashir of Sudan with genocide in Darfur offers an important foundation for introducing new types of evidence that can increase the investigation and prosecution of sexual violence during conflicts. The reversal cited the incorrect use of the “beyond a reasonable doubt” standard when the lesser standard of “reasonable grounds” applied. Social science provides methods and measures that can be uniquely used to develop reasonable grounds evidence, for example, to demonstrate the roles of physical perpetrators acting together in horizontal relationships, as well as to establish the indirect participation through vertical relationships of higher‐level defendants, in a chain of command of superior responsibility. We illustrate these points by presenting social science evidence of the responsibility of President al‐Bashir and middle‐ and lower‐level figures in genocidal violence in Darfur.

A Thankfully Wide Sea between England and Apprendi-Land

2020 ◽  
Author(s):  
Thomas Curr
Keyword(s):  
Reasonable Doubt ◽  
State Courts ◽  
Guilty Plea ◽  
Previous Evidence ◽  
The Us ◽  
Before And After ◽  
American Law ◽  
Fact Finding ◽  
Post Trial ◽  
Trial Phase

ABSTRACT This article uses the US Supreme Court’s line of cases beginning with Apprendi v. New Jersey to illuminate territory in which English law, in comparison to American law, is comparatively underdeveloped—currently affording a Newton-style hearing only where a guilty plea obliterates any previous evidence. This need not be so. Both before and after Apprendi, US federal and state courts have implemented post-trial fact-finding procedures for sentencing purposes, and we could do the same. The Davies case, where the requirement of proof beyond a reasonable doubt was imported from the trial phase, into consideration of the statutory starting points for murder sentencing, will, for reasons to be given, be doubted.

scholarly journals From Bush Medicine to Modern Phytopharmaceutical: A Bibliographic Review of Devil’s Claw (Harpagophytum spp.)

2021 ◽  
Vol 14 (8) ◽  
pp. 726
Author(s):  
Thomas Brendler
Keyword(s):  
Grey Literature ◽  
Reasonable Doubt ◽  
Efficacy And Safety ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Devil’S Claw ◽  
Clinical Investigations ◽  
History Of ◽  
Excellent Safety Profile ◽  
Bush Medicine

Devil’s claw (Harpagophytum spp., Pedaliaceae) is one of the best-documented phytomedicines. Its mode of action is largely elucidated, and its efficacy and excellent safety profile have been demonstrated in a long list of clinical investigations. The author conducted a bibliographic review which not only included peer-reviewed papers published in scientific journals but also a vast amount of grey literature, such as theses and reports initiated by governmental as well as non-governmental organizations, thus allowing for a more holistic presentation of the available evidence. Close to 700 sources published over the course of two centuries were identified, confirmed, and cataloged. The purpose of the review is three-fold: to trace the historical milestones in devil’s claw becoming a modern herbal medicine, to point out gaps in the seemingly all-encompassing body of research, and to provide the reader with a reliable and comprehensive bibliography. The review covers aspects of ethnobotany, taxonomy, history of product development and commercialization, chemistry, pharmacology, toxicology, as well as clinical efficacy and safety. It is concluded that three areas stand out in need of further investigation. The taxonomical assessment of the genus is outdated and lacking. A revision is needed to account for intra- and inter-specific, geographical, and chemo-taxonomical variation, including variation in composition. Further research is needed to conclusively elucidate the active compound(s). Confounded by early substitution, intermixture, and blending, it has yet to be demonstrated beyond a reasonable doubt that both (or all) Harpagophytum spp. are equally (and interchangeably) safe and efficacious in clinical practice.

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