NOTE this law terminology of proof BEYOND A REASONABLE DOUBT The standard that must be met by the prosecutions evidence in a criminal prosecution: that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty. If the jurors or judge have no doubt as to the defendants guilt, or if their only doubts are unreasonable doubts, then the prosecutor has proven the defendants guilt beyond a reasonable doubt and the defendant should be pronounced guilty. The term connotes that evidence establishes a particular point to a moral certainty and that it is beyond dispute that any reasonable alternative is possible. It does not mean that no doubt exists as to the accuseds guilt, but only that no Reasonable Doubt is possible from the evidence presented. Beyond a reasonable doubt is the highest standard of proof that must be met in any trial. In civil litigation, the standard of proof is either proof by a preponderance of the evidence or proof by clear and convincing evidence. These are lower burdens of proof. A preponderance of the evidence simply means that one side has more evidence in its favor than the other, even by the smallest degree. Clear and Convincing Proof is evidence that establishes a high probability that the fact sought to be proved is true. The main reason that the high proof standard of reasonable doubt is used in criminal trials is that such proceedings can result in the deprivation of a defendants liberty or even in his or her death. These outcomes are far more severe than in civil trials, in which money damages are the common remedy. Cross-references Clear and Convincing Proof; Due Process of Law; Preponderance of Evidence; Reasonable Doubt. beyond a reasonable doubt adj. part of jury instructions in all criminal trials, in which the jurors are told that they can only find the defendant guilty if they are convinced beyond a reasonable doubt of his or her guilt. Sometimes referred to as to a moral certainty, the phrase is fraught with uncertainty as to meaning, but try: you better be damned sure. By comparison it is meant to be a tougher standard than preponderance of the evidence used as a test to give judgment to a plaintiff in a civil (non-criminal) case. (See: reasonable doubt, moral certainty, conviction) References in periodicals archive But the defense attorney for Gary Glazier countered during his closing argument that the retired engineer had no motive to start any fires and that the prosecution lacked proof beyond a reasonable doubt. VIDEO SHOWS ARSON AT HOME, PROSECUTOR SAYS by Daily News (Los Angeles, CA) The videotape became the proof beyond a reasonable doubt along with the fact that the child did not show any symptoms of apnea when removed from the mothers supervision. Munchausen syndrome by proxy: the importance of behavioral artifacts by Kelly, Michael / The FBI Law Enforcement Bulletin Moreover, the charge made it clear to them that the standard of proof beyond a reasonable doubt is inextricably linked to the presumption of innocence and that this burden never shifts to the accused.
Posted on: Mon, 17 Mar 2014 09:07:10 +0000
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