Legal evidence Legal causation What causes legal evidence

Legal evidence Legal causation What causes legal evidence and what does legal evidence cause

Who/what you can aspect… John A. Coster van Voorhout • Appeal Court judge in The Netherlands – Specialist in criminal law • Chambers on the continent. – No philosopher, – No scientist… 2

Judging… 3

Subjects The cause of legal evidence The effect of legal evidence (or what does legal evidence cause) 4

Statement Legal causation and legal evidence are both normative phenomenona 5

The cause of legal evidence • Evidence, interesting for the lawyer • The three credentials of evidence

The cause of legal evidence Evidence interesting for the lawyer – The Law(yer) is looking for the material truth – That is: Justified to think really (factually) has happened 7

The cause of legal evidence 8

The cause of legal evidence • The three credentials of evidence: (Prof. Schum) – Relevance – Credibility and… – Probative value (inferential force) 9

The cause of legal evidence Limitations to legal evidence – brought orally, in writing and/or ‘tangible’ – It has to arrive in a legitimate (lawful) way Evidence => ? Proof? by torture

The cause of legal evidence Subconclusion: Legal evidence is caused by a mix of conditions, it must have been materialised, it must bring the material truth and must be lawful.

The cause of legal evidence • Lawyer’s causal reasoning: What (source) made happen what (effect) J u d g e’ s c a u s a l r e a s o n i n g: Contrary to the scientist: he has to decide which of the causal reasonings is the best founded. 12

The cause of legal evidence 13

The cause of legal evidence • Legal interpretation of causation: – Condicio sine qua non …the world changed by an action where damage has been the effect of it Combined with: – Attribution of the damage on reasonable grounds …to attribute a specific effect to the agent’s behavior. 14

The cause of legal evidence • Condicio sine qua non • CSQN-test [GB: “But for” test] - Only fysically - Scientifically based - Not perfect: “A drowning person A. not saved by a passer-by B. will die from drwoning, not because of the non-help of B” 15

The cause of legal evidence “Attribution on reasonable grounds” It works two ways…: -in favour of the agent stabber -> surgeon -> victim dies -or to the disadvantage of him stabber -> surgeon -> victim dies QB: who is to blame (more) 16

The effect of legal evidence (or what does legal evidence cause) Evidence => Proof => ‘TRUTH’ B. R. D. (=> = leads to…) 17

Statement Legal causation and legal evidence, both normative phenomenona QED 18