50189 - EVIDENCE
CLMG - M - IM - MM - AFC - CLELI - ACME - DES-ESS - EMIT - GIO
Department of Law
Course taught in English
(6 credits - I sem. - OP | IUS/20) - M
(6 credits - I sem. - OP | IUS/20) - IM
(6 credits - I sem. - OP | IUS/20) - MM
(6 credits - I sem. - OP | IUS/20) - AFC
(6 credits - I sem. - OP | IUS/20) - CLELI
(6 credits - I sem. - OP | IUS/20) - ACME
(6 credits - I sem. - OP | IUS/20) - DES-ESS
(6 credits - I sem. - OP | IUS/20) - EMIT
(6 credits - I sem. - OP | IUS/20) - GIO
(6 credits - I sem. - OP | IUS/20)
The course presents a comparative overview of evidence law and evidence theory. It is made of two parts. The first starts with some generals points about evidence, proof, inference and probability. One of the questions addressed is whether trials, through the collection and assessment of evidentiary items, aim at truth. Another issue is the variety and value of standards of proof such as the balance of probabilities in civil trials and the reasonable doubt standard in criminal trials.
The second part of the course is devoted to the topic of testimony. The epistemology and psychology of testimony are addressed, and both scientific and lay testimony are discussed. The value of hearsay evidence will be discussed too.
References will be made to both common-law and civil-law systems, and to contemporary normative materials such as the U.S. Federal Rules of Evidence.
The course is conceived as a seminar: some materials and cases relating to the topics will be presented and discussed in classroom, where also some experiments will be run to test our testimonial capacities.
Course Content Summary
- Evidence and Proof
- Trial and Truth
- Evidence and Inference
- Evidence and Probability
- Evidence Assessment
- Standards of Proof
- Scientific Testimony
- Lay Testimony
- Hearsay Evidence
Detailed Description of Assessment Methods
Students will be assessed with a written exam on the first part of the course and an oral exam on the second.
Papers and materials on evidence and testimony, including some papers by the teacher.
Last change 29/06/2017 15:52