What Does 'Reasonable Doubt' Mean?
The currently ongoing Conrad Black trial is the jumping off point for TIME Magazine’s recent article “The Benefits of Doubt,” which discusses the meaning of “beyond a reasonable doubt”. (Hat Tip: Anne Reed at Deliberations)
The article highlights a serious issue confronting all criminal defense practitioners: what does “beyond a reasonable doubt” really mean, and how do you convey that to a jury? Unfortunately, it is very imprecise.
…in practice, reasonable doubt may make convictions too easy. At least half a dozen studies have found that when the prosecution's case isn't airtight, juries often interpret "beyond a reasonable doubt" to mean, in effect, probably guilty.
In one study, prospective jurors said they would be willing to convict on a 60% chance that the suspect had committed the crime.
Sixty percent! And possibly as low as “more than fifty percent”, if the jury uses a “probably guilty” standard. That’s frightening.
I’ll post more soon on some effective voir dire/jury selection techniques for maximizing your chances that a jury will truly hold the government to “proof beyond all reasonable doubt”.
That article certainly explains why jury consultants are in such demand: given that finding, making the defendant(s) likable becomes important.
Conrad Black is known to have ticked off two different Vice-Chancellors in the Delaware Chancery Court, in 1982 and 2004. It'll be interesting to see how he, the other defendants and their counsels fare with the jury.
- Daniel M. Ryan,
http://conradblacktrial.blogspot.com