Others are founded, not on presumed juror psychology, but on dubious epistemic hypotheses about the probatory strength of prior crimes evidence.
Does this fact exhibit that jurors attribute unwarrantedly potent probatory significance to prior crimes evidence?
As noted in the legal codes, a just and proper sentence had to be based on evidence, the circumstances of the crime, and the background of th e accused, information the escribano collected in the probatory phase of the case.
75) The potential for abuses clearly existed, since the magistrates, in accordance with their personal preferences and impulses, could have decided to issue sentences without undertaking the necessary probatory measures.
This same Janus-faced figure was evident in legal thinking of the late eighteenth-century, but with an epistemological and probatory complexion.
In Book 10 of the 1805 Prelude, vertiginous feelings of probatory and even epistemological uncertainty are repeatedly linked with instances of judicial and legislative subversions of trust.