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Archiver > APG > 2004-12 > 1102353179


From: "Mills" <>
Subject: Preponderance of the Evidence (was Courthouse Ledgers )
Date: Mon, 6 Dec 2004 11:13:41 -0600
In-Reply-To: <20041206073824.8729.qmail@web53507.mail.yahoo.com>


Langdon wrote:
"I hope no one abandons preponderance of evidence, as one standard of
proof. Not only is it used in courts everyday, but I dont think it is
possible to get to a conclusion of, beyond a reasonable doubt, .without
reaching a conclusion of a lesser standard first at least once.
[Conclusive evidence is rare]

"Preponderance of evidence should be used for evaluation, at every stage of
research, from evaluating one piece of evidence, to building a case, on
several issues, using a body of evidence. Evaluating every sentence, every
phrase of each sentence, every mark on the page, and every error, creates
some impression of the value of the evidence. It might tend to tip the
scale to one side or another, and make us convinced of something. Usually,
it doesnt. When there are several pieces of evidence, the whole body of
evidence can be weighed, using each part of each item, until the evidence is
convincing."



Langdon,
Not to worry! Nobody's abandoning the evidence principles you describe here.
You're "right on" about the value of these detailed evaluations and how we
often have to build a case, just as in a court of law. However, most
genealogists no longer use the term "preponderance of the evidence" because
that term has parameters within the law that are not acceptable in
genealogy. (Legally, something could be just slightly more believable than
not and a jury would still be expected to convict on that *slight* basis. In
genealogy, we expect a much stronger case than "just slightly" more
believable.

To fulfill the needs of genealogists (and to mollify all those attorneys who
didn't like us redefining their legal concept), those who write on
genealogical evidence use the term "Genealogical Proof Standard" for the
same process and proof-level that attorney Noel Stevenson started calling
the POE back in the 70s when some standard was so badly needed.

Elizabeth

------------------------------------------
Elizabeth Shown Mills, CG, CGL, FASG
*Evidence! Citation & Analysis for the Family Historian*
*Professional Genealogy: A Manual for Researchers,
Writers, Editors, Lecturers and Librarians
Isle of Canes <www.isleofcanes.com>
"You'll never look at history the same way again"--*Historical Novels
Review*





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