High Probability Model of the Criminal Standard of Proof
In criminal justice proof,in order to achieve the digitization of judicial trials,it is necessary to quantify the criminal standard of proof.Legal probabilism constructs the"high probability decision model"through the guilty probability and probability thresh-old.According to this model,when the guilt probability is accurate high probability,the verdict should find the defendant guilty.But,this model has been strongly criticized by legal traditionalists,who argue that it is morally unacceptable to describe the criminal standard of proof with high probability and it will lead to reasoning paradoxes.However,we will defend this model by reconstructing the criminal standard of proof.The criminal standard of proof can be divided into four-fold elements:narrativity,stability,complete-ness and sufficiency.When a trial satisfies narrativity,stability and completeness,the accuracy of the guilt probability is ensured.If the guilt probability further satisfies suf-ficiency at this time,then the trial should be considered to meet the criminal standard of proof and the defendant should be found guilty.Therefore,once the accuracy of the guilt probability is guaranteed,the criminal standard of proof can be reduced to a high proba-bility.The high probability decision model has justification and can dispel the criticisms of traditionalism,and can also promote the core function of trials.
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