Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Reasonable doubt
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
==Definitions and critiques== Critics of the standard, including some jurists and legal scholars, point out that the instruction “beyond a reasonable doubt” can be circular: it does not clarify ''how'' certain the jury must be, only that it must be “more certain” than other standards (such as preponderance of the evidence).<ref>In re Winship, 397 U.S. 358 (1970)</ref> Various courts have tried to elaborate with phrases such as “the kind of doubt that would make a person hesitate to act,” or “moral certainty,” but these have often been deemed unhelpful or potentially confusing.<ref name="Pi2020"/> Research suggests that where the law intends a clear distinction between “preponderance,” “clear and convincing evidence,” and “beyond a reasonable doubt,” jurors given only verbal formulations struggle to separate these levels in practice. Studies of mock jurors have found no consistent difference in outcomes under purely verbal instructions. By contrast, instructions incorporating some numerical guidance produce more consistent results.<ref>Kagehiro, Dorothy K., Defining the Standard of Proof in Jury Instructions, 1 Psychol. Sci. 194 (1990)</ref><ref name="Pi2020"/>
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)