Tuesday, July 17, 2007

El Dorado of absolute proof

All exactness is a fake. El Dorado of absolute proof being unattainable, the law accepts for it probability as a working substitute in this work-a-day world. The law does not require the prosecution to prove the impossible. All that it requires is the establishment of such a degree of probability that a prudent man may, on its basis, believe in the existence of the fact in issue. Thus, legal proof is not necessarily perfect proof - often it is nothing more than a prudent man's estimate as to the probabilities of the case.