4.8 Offense level propositions

Offence level propositions directly refer to a criminal offence. From Table 4.1 we have:

• \(H_p^1\): The defendant committed murder,
• \(H_d^1\): The defendant did not commit murder.

We saw these propositions in the case scenario. These competing propositions refer to the ultimate issue in the case, which is usually the issue for which the fact-finder gives their verdict. Others, such as

• \(H_p^2\): The defendant assaulted the claimant,
• \(H_d^2\): The defendant did not assault the claimant,

might not always be the ultimate issue of a case, but they still determine criminal liability. For this reason, offence level propositions are at the top of the hierarchy.

Offence level propositions are considered by the fact finder in a case and rarely the forensic scientist. This is because propositions about criminal offences fall outside the remit of an expert witness. There will be other non-scientific evidence in the case that will need to be considered too. The expert can indirectly assist the court in finding the truth of offence level propositions by giving evidence related to propositions which fall within their expertise.