In criminal trials, judges or jurors have to decide whether the facts described in the indictment are proven beyond a reasonable doubt. However, these decision-makers cannot always imagine every relevant sequence of events—there may be unconceived alternatives. The possibility of unconceived alternatives is an overlooked source of reasonable doubt. I argue that decision-makers should not consider the defendant’s guilt proven if they have good reasons to believe that plausible, unconceived scenarios exist. I explore this thesis through the lens of the (...) two most influential accounts of rational criminal proof—Bayesian and explanation-based approaches. I draw on related ideas from the philosophy of science to show why and when unconceived alternatives lead to reasonable doubt on either account. (shrink)

The history of statistics is filled with many controversies, in which the prime focus has been the difference in the “interpretation of probability” between Fre- quentist and Bayesian theories. Many philosophical arguments have been elabo- rated to examine the problems of both theories based on this dichotomized view of statistics, including the well-known stopping-rule problem and the catch-all hy- pothesis problem. However, there are also several “hybrid” approaches in theory, practice, and philosophical analysis. This poses many fundamental questions. This paper (...) reviews three cases and argues that the interpretation problem of probabil- ity is insufficient to begin a philosophical analysis of the current issues in the field of statistics. A novel viewpoint is proposed to examine the relationship between the stopping-rule problem and the catch-all hypothesis problem. (shrink)