Reasonable doubt
Encyclopedia
Proof beyond a reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems
Adversarial system
The adversarial system is a legal system where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case...

 (such as the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

). Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard. This means that the proposition being presented by the prosecution must be proven to the extent that there could be no "reasonable doubt" in the mind of a "reasonable person
Reasonable person
The reasonable person is a legal fiction of the common law that represents an objective standard against which any individual's conduct can be measured...

" that the defendant is guilty. There can still be a doubt, but only to the extent that it would not affect a reasonable person's belief regarding whether or not the defendant is guilty. "The shadow of a doubt
Beyond the shadow of a doubt
Beyond the shadow of a doubt, or beyond a shadow of a doubt, is a standard of proof. The phrase means the issue in question is so obvious, or has been so thoroughly proven, that there can exist no doubt...

" is sometimes used interchangeably with reasonable doubt, but this extends beyond the latter, to the extent that it may be considered an impossible standard. Reasonable doubt is therefore used.

If doubt does affect a "reasonable person's" belief that the defendant is guilty, the jury is not satisfied beyond "reasonable doubt". The precise meaning of words such as "reasonable" and "doubt" are usually defined within jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...

 of the applicable country.

The use of "reasonable doubt" as a standard requirement in the western justice system originated in medieval England. In English common law prior to the "reasonable doubt" standard, passing judgment in criminal trials had severe religious repercussions for jurors. According to Christian law prior to the 1780s: “the Juryman who finds any other person guilty, is liable to the Vengeance of God upon his Family and Trade, Body and Soul, in this world and that to come.” It was also believed “In every case of doubt, where one’s salvation is in peril, one must always take the safer way.... A judge who is in doubt must refuse to judge.” It was in reaction to these "religious fears" that "reasonable doubt" was introduced in the late 17th century to English common law, thereby allowing jurors to more easily convict. Therefore the original use of the "reasonable doubt" standard was opposite to its modern use of limiting a juror's ability to convict.

However juries in criminal courts in England are no longer customarily directed to consider whether there is "reasonable doubt" about a defendant's guilt. Indeed a recent conviction was appealed after the judge had said to the jury "You must be satisfied of guilt beyond all reasonable doubt." The conviction was upheld but the Appeal Court made clear their unhappiness with the judge's remark, indicating that the judge should instead have said to the jury simply that before they can return a verdict of guilty, they "must be sure that the defendant is guilty".

In the United States, juries must be instructed
Jury instructions
Jury instructions are the set of legal rules that jurors should follow when the jury is deciding a civil or criminal case. Jury instructions are given to the jury by the jury instructor, who usually reads them aloud to the jury...

 to apply the reasonable doubt standard when determining the guilt or innocence of a criminal defendant, but there is much disagreement as to whether the jury should be given a definition of "reasonable doubt." In Victor v. Nebraska, the U.S. Supreme Court expressed disapproval of the unclear reasonable doubt instructions at issue, but stopped short of setting forth an exemplary jury instruction.

In Canada, the courts clearly believe that the expression, "beyond a reasonable doubt", requires clarification for the benefit of the jury. The key ruling discussing this is R. v. Lifchus
R. v. Lifchus
R. v. Lifchus, [1997] 3 S.C.R. 320 is a leading Supreme Court of Canada decision on the legal basis of the "beyond a reasonable doubt" standard for criminal law. Cory J...

 where one of the four issues addressed was whether a trial judge should provide a jury with an explanation of the expression. Following R. v. Brydon
the Supreme Court of Canada, in R. v. Lifchus, answered in the affirmative. In part, they wrote "The correct explanation of the requisite burden of proof is essential to ensure a fair criminal trial..."

The Court then addressed the second of the four issues before it by providing a lengthy discourse on the elements of a proper charge to the jury
Jury instructions
Jury instructions are the set of legal rules that jurors should follow when the jury is deciding a civil or criminal case. Jury instructions are given to the jury by the jury instructor, who usually reads them aloud to the jury...

 regarding the concept of "reasonable doubt". The Court did not prescribe any specific wording to be used by a given trial judge, but rather made recommendations outlining elements that should be included in the charge as well as elements that should be avoided.

The elements that should be included in the charge were:
  • the standard of proof beyond a reasonable doubt is inextricably intertwined with that principle fundamental to all criminal trials, the presumption of innocence;
  • the burden of proof rests on the prosecution throughout the trial and never shifts to the accused;
  • a reasonable doubt is not a doubt based upon sympathy or prejudice;
  • rather, it is based upon reason and common sense;
  • it is logically connected to the evidence or absence of evidence;
  • it does not involve proof to an absolute certainty; it is not proof beyond any doubt nor is it an imaginary or frivolous doubt; and
  • more is required than proof that the accused is probably guilty ‑‑ a jury which concludes only that the accused is probably guilty must acquit.


The elements to be avoided in the charge were:
  • describing the term “reasonable doubt” as an ordinary expression which has no special meaning in the criminal law context;
  • inviting jurors to apply to the task before them the same standard of proof that they apply to important, or even the most important, decisions in their own lives;
  • equating proof “beyond a reasonable doubt” to proof “to a moral certainty”;
  • qualifying the word “doubt” with adjectives other than “reasonable”, such as “serious”, “substantial” or “haunting”, which may mislead the jury; and
  • instructing jurors that they may convict if they are “sure” that the accused is guilty, before providing them with a proper definition as to the meaning of the words “beyond a reasonable doubt”.

See also

  • Critical thinking
    Critical thinking
    Critical thinking is the process or method of thinking that questions assumptions. It is a way of deciding whether a claim is true, false, or sometimes true and sometimes false, or partly true and partly false. The origins of critical thinking can be traced in Western thought to the Socratic...

  • Legal burden of proof
  • Metacognition
    Metacognition
    Metacognition is defined as "cognition about cognition", or "knowing about knowing." It can take many forms; it includes knowledge about when and how to use particular strategies for learning or for problem solving...

  • Moral certainty
    Moral certainty
    Moral certainty is a concept of intuitive probability. It means a very high degree of probability, sufficient for action, but short of absolute or mathematical certainty....

  • Probable cause
    Probable cause
    In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...

  • Reasonable person
    Reasonable person
    The reasonable person is a legal fiction of the common law that represents an objective standard against which any individual's conduct can be measured...

  • in dubio pro reo
    In dubio pro reo
    The principle of in dubio pro reo means that a defendant may not be convicted by the court when doubts about his or her guilt remain....

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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