 One way of avoiding the conjunction paradox is to take the position that it should not be enough for each element to cross the probabilistic threshold; the plaintiff (or the prosecution) should win only if the probability of the plaintiff’s (or prosecution’s) case as a whole exceeds the applicable probabilistic threshold. So, in our example, the plaintiff should lose since the overall probability is below 0.5. But this suggested solution is unsatisfactory. The required level of overall probability would then turn on how many elements the civil claim or criminal charge happens to have. The greater the number of elements, the higher the level of probability to which, on average, each of them must be proved. This is thought to be arbitrary and hence objectionable. As two commentators noted, the legal definition of theft contains more elements than that for murder. Criminal law is not the same in all countries. We may take the following as a convenient approximation of what the law is in some countries: murder is (1) an act that caused the death of a person (2) that was done with the intention of causing the death, and to constitute theft, there must be (1) an intention to take property, (2) dishonesty in taking the property, (3) removal of the property from the possession of another person, and (4) lack of consent by that person. Since the offence of theft contains twice the number of elements as compared to murder, the individual elements for theft would have to be proved to a much higher level of probability (in order for the probability of their conjunction to cross the overall threshold) than the individual elements for the much more serious crime of murder (Allen and Leiter 2001: 1504–5). This is intuitively unacceptable.