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Riskbedömning - en diskussion om bevisvärdering i brottmål

Hansson-Palo, Tom C (2008)
Department of Law
Abstract
This thesis discusses the appraisal that deals with the standpoint of risks in criminal cases, i.e. the courts risk evaluation. This thesis answers the following questions: 1. How does the court set the existence of a risk in an actual case? and 2. What type of proof makes the foundation for that type of hypothesis? and 3. What should the court act to avoid the production of a pure guess in the end? The first question is answered by investigating and analyzing the court's activity of proof valuation and how it is applied. Since I have assumed that the basis for risk standpoint is evidence that first has to be evaluated so that the court is able to set the existence of risk in the actual case. The second question is mainly answered by... (More)
This thesis discusses the appraisal that deals with the standpoint of risks in criminal cases, i.e. the courts risk evaluation. This thesis answers the following questions: 1. How does the court set the existence of a risk in an actual case? and 2. What type of proof makes the foundation for that type of hypothesis? and 3. What should the court act to avoid the production of a pure guess in the end? The first question is answered by investigating and analyzing the court's activity of proof valuation and how it is applied. Since I have assumed that the basis for risk standpoint is evidence that first has to be evaluated so that the court is able to set the existence of risk in the actual case. The second question is mainly answered by investigating the role of the importance of the legal adviser in risk evaluation. The probability theories and different risk analyses are also discussed. Since the choice of method and the course of action varies depending on the type of evidence or foundation that precedes the decision of the existence of risk in the actual case. The third question is answered by summarizing the principles and the demands that the court has to consider when it makes a risk evaluation so that it will not be a matter of guessing when it comes to the existence of risk. The court's choice of method, action and manage of the risk also becomes an important element that is discussed in this part of the thesis. The writing of this thesis concludes by a court case analysis and a conclusion where the questions are answered in more detail by concluding the observations I have made during the making of this thesis. (Less)
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author
Hansson-Palo, Tom C
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Processrätt
language
Swedish
id
1558103
date added to LUP
2010-03-08 15:55:22
date last changed
2010-03-08 15:55:22
@misc{1558103,
  abstract     = {This thesis discusses the appraisal that deals with the standpoint of risks in criminal cases, i.e. the courts risk evaluation. This thesis answers the following questions: 1. How does the court set the existence of a risk in an actual case? and 2. What type of proof makes the foundation for that type of hypothesis? and 3. What should the court act to avoid the production of a pure guess in the end? The first question is answered by investigating and analyzing the court's activity of proof valuation and how it is applied. Since I have assumed that the basis for risk standpoint is evidence that first has to be evaluated so that the court is able to set the existence of risk in the actual case. The second question is mainly answered by investigating the role of the importance of the legal adviser in risk evaluation. The probability theories and different risk analyses are also discussed. Since the choice of method and the course of action varies depending on the type of evidence or foundation that precedes the decision of the existence of risk in the actual case. The third question is answered by summarizing the principles and the demands that the court has to consider when it makes a risk evaluation so that it will not be a matter of guessing when it comes to the existence of risk. The court's choice of method, action and manage of the risk also becomes an important element that is discussed in this part of the thesis. The writing of this thesis concludes by a court case analysis and a conclusion where the questions are answered in more detail by concluding the observations I have made during the making of this thesis.},
  author       = {Hansson-Palo, Tom C},
  keyword      = {Processrätt},
  language     = {swe},
  note         = {Student Paper},
  title        = {Riskbedömning - en diskussion om bevisvärdering i brottmål},
  year         = {2008},
}