Some implications of an epistemic-intersubjective interpretation of the 'beyond all reasonable doubt' standard of proof for criminal investigations

摘要

The essay introduces Professor Ferrer's proposal to endow the widely employed criminal standard of proof of guilt beyond all reasonable doubt, with epistemic-intersubjective (as opposed to psychological-subjective) content. In analyzing the positive implications of adhering to this interpretation, the author argues it is a promising way to start eroding Mexico's authoritarian model of criminal investigation, and to put in place an innocence-disproving culture instead.