Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
Results
Showing 1 to 6 of 6 for “"standard of proof"”.
-
Proof beyond a reasonable doubt
Proof beyond a reasonable doubt is the standard of proof that is applied in criminal cases. The burden of proving the guilt of the accused in this manner rests on the state, and does not shift to the accused. This is in contrast to the evidential burden which may shift to the accused to rebut a …
-
The corroboration requirement in sexual offences : a discriminatory and unconstitutional evidential rule in the Malawian law
… with the corroboration requirement in sexual offences is that it is based on an improper foundation. The proffered rationale, that most complainants lie about sexual offence allegations, cannot be verified from empirical data. Regardless of this fact, due to the rule’s existence, the standard …
-
International criminal law and refugee protection: The interplay between international criminal law and Article 1F(A) of the 1951 Convention Relating to the Status of Refugees
The 1951 Convention Relating to the Status of Refugees is the centre piece of international refugee protection. It consolidates previous refugee instruments thereby providing a comprehensive codification of refugee rights internationally. Whilst assuring basic civil and social rights to millions of …
-
A comparison between the dispute settlement procedures in the international court of justice and the world trade organisation
The International Court of Justice (ICJ) came into being due to a perceived need for international judicial settlement, whereas the World Trade Organisation (WTO) was created for the purpose of specifically promoting international trade by reducing tariffs and other barriers to trade. Alternative …
-
Use of Preponderance of Evidence in Campus Adjudication of Sexual Misconduct
… HEI leaders, regulatory bodies (such as the Office for Civil Rights), and the general public. The 2011 Dear Colleague Letter published by the Department of Education’s Office for Civil Rights mandated the use of preponderance of evidence in all sexual misconduct cases (Ali, 2011). The change …
-
Sexist implications of law’s fidelity to science and reason
… from the rationalistic and scientific biases of criminal law practice and discourse. Rationality bears an historical, cultural, and epistemological association with masculinity. Psychoanaltyic theory and clinical observation reveals that (at least within patriarchal society) the process of …