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Ius et Praxis 2010
NUEVE JUECES ENTRAN EN DIáLOGO CON NUEVE HIPóTESIS ACERCA DE LA PRUEBA DE LOS HECHOS EN EL CONTEXTO PENALDOI: 10.4067/S0718-00122010000200002 Keywords: rational analysis of evidence, standard of proof, truth in adjudication, epistemic quality of the proof, judicial culture. Abstract: this article formulates nine hypotheses concerning the proof of facts in criminal proceedings, which are analysed by nine judges of chilean criminal courts (tribunal de juicio oral y de garantía). seven hypotheses aimed at describing different practices that take place in the courts and two of them concern how judges should act in certain hard cases. the matters are grouped in the following categories: a) scopes of the compromise that judges should have in order to opérate with true stories as support oftheir decisions; b) difficulties that arise as consequence of the epistemic weakness of the evidence available in triáis and the possible slants in their interpretation; c) requirements of the evaluation of the proof according to the sana crítica; and d) meaning that should have the standard of proof beyond reasonable doubt. in this way a dialogue between the system ofbeliefs of judges and of jurists takes place.
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