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re: How certain would you have to be to convict?
Posted on 8/10/17 at 11:10 am to UFFan
Posted on 8/10/17 at 11:10 am to UFFan
Convict for what? Regardless, Nolo has a pretty good explanation of the required proof.
quote:
Courts over the years have debated the extent to which the government has to prove its case to meet this high standard. But it’s clear that, according to the standard, it’s not enough for the trier of fact to simply believe the defendant is guilty. Rather, the evidence must be so convincing that no reasonable person would ever question the defendant’s guilt. The standard requires that the evidence offer no logical explanation or conclusion other than that the defendant committed the crime. Courts sometimes describe this level of confidence in a verdict as a moral certainty.
“Beyond a reasonable doubt” doesn’t mean, however, that the prosecution must eliminate all unreasonable doubts a jury could possibly have. Nor must the prosecution prove the case beyond a shadow of a doubt or to an absolute certainty. These would be impossible burdens because only witnesses to an alleged crime can be certain—and even then, not all witnesses can be certain. Rather, this highest of standards requires—after consideration of all facts—only one logical conclusion: that the defendant is indeed guilty.
This post was edited on 8/10/17 at 11:14 am
Posted on 8/10/17 at 11:20 am to AnonymousTiger
quote:
“Beyond a reasonable doubt” doesn’t mean, however, that the prosecution must eliminate all unreasonable doubts a jury could possibly have. Nor must the prosecution prove the case beyond a shadow of a doubt or to an absolute certainty. These would be impossible burdens because only witnesses to an alleged crime can be certain—and even then, not all witnesses can be certain. Rather, this highest of standards requires—after consideration of all facts—only one logical conclusion: that the defendant is indeed guilty.
If I'm a juror, that paragraph tells me exactly nothing about what kind of criteria I'm supposed to use. Ditto about most instructions from judges I've read or heard of. I'm left with the conclusion that reasonable doubt means whatever the juror thinks it means.
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