Abstract
This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on
the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility
of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one
story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of an event,
e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective
of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper,
we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence.
Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based
perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for
the design of software developed as a tool to make sense of the evidence in complex cases.
the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility
of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one
story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of an event,
e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective
of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper,
we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence.
Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based
perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for
the design of software developed as a tool to make sense of the evidence in complex cases.
- Content Type Journal Article
- Pages 123-152
- DOI 10.1007/s10506-010-9092-x
- Authors
- Floris J. Bex, Argumentation Research Group, School of Computing, University of Dundee, Dundee, UK
- Peter J. van Koppen, Faculty of Law, Maastricht University, Maastricht, The Netherlands
- Henry Prakken, Department of Information and Computing Sciences, Utrecht University, Utrecht, The Netherlands
- Bart Verheij, Department of Artificial Intelligence, University of Groningen, Groningen, The Netherlands
- Journal Artificial Intelligence and Law
- Online ISSN 1572-8382
- Print ISSN 0924-8463
- Journal Volume Volume 18
- Journal Issue Volume 18, Number 2