A hybrid formal theory of arguments, stories and criminal evidence

TY - JOUR

T1 - A hybrid formal theory of arguments, stories and criminal evidence

AU - Bex, Floris J.

AU - van Koppen, Peter J.

AU - Prakken, Henry

AU - Verheij, Bart

N1 - Copyright 2010 Elsevier B.V., All rights reserved.

PY - 2010/6/1

Y1 - 2010/6/1

N2 - 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.

AB - 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.

KW - Argumentation

KW - Stories

KW - Legal evidence

UR - https://www.scopus.com/pages/publications/77956768978

U2 - 10.1007/s10506-010-9092-x

DO - 10.1007/s10506-010-9092-x

M3 - Article

AN - SCOPUS:77956768978

SN - 0924-8463

VL - 18

SP - 123

EP - 152

JO - Artificial Intelligence and Law

JF - Artificial Intelligence and Law

IS - 2

ER -