reasonable doubt definition

Found inside – Page 122105 , 147 ( 1999 ) ; R. Power , “ Reasonable and Other Doubts : The Problem of Jury Instructions , ” 67 Tenn . ... Although the trial court did not further define reasonable doubt as a “ real possibility , ” as does the model definition , that omission ... Found inside – Page 59( a ) Burden of Proof . In highly publicized matters , it is especially important that the jury be aware of the rules relating to burden of proof and the definition of proof beyond a reasonable doubt . The burden of proof becomes particularly important ... Found insideJury charge was not erroneous or prejudicial , despite trial judge ' s rereading of reasonable doubt charge after correcting omission of definition of proof beyond reasonable doubt ; nothing required that charge on reasonable doubt be read ... Found inside – Page 92CrimiSecond degree murder instruction included nal Law Com 1172.7 requisite element of specific intent ; although Definition of reasonable doubt as one founded instruction did not use words " specific intent , ” upon some real , tangible , or ... Found inside – Page 104147 In R v Gray148 the trial judge defined a reasonable doubt as ' a doubt based upon good reason and not a fanciful doubt ' and as ' the sort of doubt which might affect you in the conduct of your everyday affairs ' . The Court of Appeal held ... Found inside – Page 514In 1927, the Commission for the Reform of Criminal Procedure proposed that the Legislature adopt a statutory definition of reasonable doubt to "remove all doubts and uncertainties on this subject, and provide a clear statement of the law ... Found inside – Page 480Presumption of innocence : Acquittal in case of reasonable doubt : Effect of presumption : Definition . ... Reasonable doubt is defined as follows : “ It is not a mere possible doubt ; because everything relating to human affairs , and depending on ... Found inside“reasonable doubt” should be defined for the jury and, if so, how it should be defined. All are in agreement that a definition given by a New York trial ... Found inside – Page 73The court will define “beyond a reasonable doubt,” but that formulation will not, ... Indeed, the definition of reasonable doubt often seems presented in as ... Found inside – Page 346A few courts have gone so far as to state that an instruction defining reasonable doubt should not be given , Brookshire State ( Crim.App . , Okl . ) , 284 P.2d 752 ; Wallace v . State , 96 Okl.Cr. 163 , 250 P.2d 484 ; People v . Leach , 398 Ill . 515 ... Found inside – Page 351Giving of instructions defining instructions was distributed as a quasi - of- ing and refining term " reasonable doub : " has ficial publication of court and ... State , 241 N.E.2d 760 , 16 Ohio elaborate definition of “ reasonable doubt " , was Misc . Found inside – Page 17As Simon ( 1970 ) has suggested , judges often attempt to define the phrase " beyond a reasonable doubt " by providing jurors with par aphrases or apparently synonymous terms . For example : Reasonable doubt is one a reasonable person ... Found inside – Page 481The accused , who was convicted on five counts of sexual assault , argued on appeal that the trial judge had misdirected the jury with respect to the definition of a reasonable doubt and the burden of proof . In his appeal to the British Columbia ... Found inside – Page 478195001060 ] 2399 The reasonable doubt jury instruction : giving meaning to a critical concept COHEN , J . N . Antitrust ... In Part IV , it argues that because jurors cannot fully understand the legal meaning of the term without a definition , trial ... Found inside10,000 entries cover vocabulary, etymologies, definitions, concepts, the judicial system, landmark cases, and government agencies Found insideNecessity of defining reasonable doubt . Kan . 1982. No definition could make concept of “ reasonable doubt " any clearer than words themselves . — State v . Douglas , 640 P.2d 1259 . Okl.Cr. 1982. Attempt to define “ reasonable doubt " by ... Found inside – Page 42For example, the Guamanian statutory definition of reasonable doubt is "that state of the case which, after the entire comparison and consideration of all the evidence, leaves the mind of the trier of fact in a condition that he cannot say he feels ... Found inside – Page 356Love , 767 F.2d 1052 , 1060 329 , 333 ( 4th Cir.1985 ) , for its criticism of ( 4th Cir.1985 ) , cert . denied , 474 U.S. 1081 , attempts to define reasonable doubt . Id . at 106 S.Ct. 848 , 88 L.Ed.2d 890 ( 1986 ) ; United 330 n . * .1 In the present case ... Found inside – Page 106If he had qualified the statement by a reference to “ particularly grave affairs ” the definition may not have been ... The trial Judge in charging the jury had defined reasonable doubt in the same terms as were employed in the case at bar . Found inside – Page 4231992 ) that fact beyond a reasonable doubt . " L.Ed.2d 211 ... The judge also traditure's ability to define offenses . Id . at 85– ... [ I ] n certain limited facts without any prescribed burden of circumstances [ the ] reasonable - doubt reproof at all . Found inside – Page 203Definition , reasonable doubt , inbelief in the defendant's guilt , they could be said structions to have no reasonable doubt and ... reasonable " , and word was properly defined in minds should be in a condition of uncertainty , reasonable doubt ... Found inside – Page 72In truth what we were seeking to define as we proceeded with our deliberation was the nature of reasonable doubt. If Thomas and Gene had very different ... Found inside – Page 7171998 ) dant alleges there is 16a reasonable likeli - from fanciful conjecture ” allowed the jurors hood the jury interpreted the trial court ' s to vote to convict him despite possessing a definition of reasonable doubt in an unconsti - higher degree ... Found inside – Page 942To further put this definition in perspective , and as indicated in the above quote , clear and convincing evidence requires more ... Beyond a reasonable doubt has been defined as follows : A reasonable doubt is not a mere possible doubt . Found inside – Page 963[ 16 ] In some jurisdictions , most notably the United Kingdom , the position appears to be that there is no need to define “ reasonable doubt ” beyond telling jurors that they cannot convict unless they are “ sure ” that the accused is guilty . Indeed ... Found inside – Page 118While the objection This was the same number used by went to the entire reasonable doubt inThompson and Sere to ... od of operation of bookmakers and to therefrom unless he objects thereto define various terms used by bookmakbefore ... Found inside – Page 16It is enough that the appellate court believe , upon the record before it , that it was reasonably possible for the fact finder to conclude that the defendant was guilty beyond a reasonable doubt.25 § 12. Definition of “ reasonable doubt . This book has been cited with approval by the highest appellate courts and continues to be a useful reference for practitioners and judges. Found inside – Page 90Defining the term reasonable doubt is of course difficult , and indeed there has been some debate about whether it is appropriate even to ... no instruction defining reasonable doubt , or of instructions stating only a very general definition . Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as ... Found inside – Page 7Reasonable doubt is not mere possible doubt , because everything relating to human affairs or depending on moral ... The definition of reasonable doubt combines elements of the former Ohio and existing federal definitions , restylized for ... Found inside – Page 658The instruc“ Proof beyond a reasonable doubt is tion given in Bannigan defined reasonable proof of such a convincing character that a doubt : “ [ B ] y ' doubt I do not mean that you reasonable person would not hesitate to must be satisfied ... Found inside – Page 4819Proof beyond a reasonable doubt ' is proof of such character that an ordinary person would be willing to rely and act upon it in the most important of his own affairs . ' 11 Defendant argues that the foregoing definition of reasonable doubt as set ... Found insideIn this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological ... Selection of Larry King's interviews with leading lawyers, judges, jurors, and others on the issue of reasonable doubt in America's legal system. Found inside – Page 550In charging a jury in a criminal case , failure to read the definition of reasonable doubt BE forth in G.C. § 13442-3 , is not reversible error , where the court charges the jury on reasonable doubt substantially in accordance with that section : Beck ... Found inside – Page 982reasonable doubt; it was simply an argument that a certain possibility would meet the standard—which is acceptable, as Evans v. State explains: We ... Rather, the court merely directed the jury to follow its instruction defining reasonable doubt. Found inside – Page 1261B. BACKGROUND OF CALIFORNIA'S REASONABLE DOUBT DEFINITION ( 1850-1927 ) Early California statutory law contained no definition of reasonable doubt . Statutes merely provided that “ A defendant in a criminal action is presumed ... Found insideI . The history of judicial attempts to define , for the benefit of jurors , the concept of reasonable doubt is a history of disagreement and cynicism . “ Attempts to explain the term ' reasonable doubt , ' " the Supreme Court observed long ago , “ do ... Found inside – Page 186Defining reasonable doubt . See 53 Am Jur , Trial 88 751 et seq . After the law officer charged the court on the presumption of innocence and the effect of reasonable doubt , and pointed out specifically that the burden of proving the accused ... Found inside – Page 76''Reasonable Doubt'' Defined/Jury Instructions The standard definition of reasonable doubt in Massachusetts was set forth over a century and a half ago in ... Found insideIn prosecution for shoplifting while trial court did not in its charge instruct jury as to the meaning of " value " contained in ... in light of fact that jury was instructed that state had to prove beyond a reasonable doubt that prosecuting witness “ had ... Found inside – Page 226Reasonable doubt has been defined by our court as “ [ a ] doubt for which some good reason arising from the evidence can be given . ” ( People v . Guidici , 100 N. Y. 503 , 509. ) We had occasion to again define reasonable doubt in People v . ( 1986 ) ; United 330 n doubt has been defined as follows: a reasonable doubt not., 88 L.Ed.2d 890 ( 1986 ) ; United 330 n: Effect presumption... Page 73The court will define “ beyond a reasonable doubt has been cited with approval by the highest courts. 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