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the “reasonable doubt” instruction was to address this frightening possibility, reassuring jurors that they could convict the defendant without risking their own salvation, as long as their doubts about guilt were not “reasonable.”
Professor James Q. Whitman, an expert in legal history and com-parative law, offers an answer in this new book, which brings together the history of the Anglo-American trial by jury and of Continental in-quisitorial criminal procedure to shed light on the mystery of the rea-sonable doubt standard.
"reasonable doubt" appeared "as a formula intended to ease the fears of those jurors who might otherwise refuse to pronounce the defendant guilty" (p. 186). Eighteenth century moral literature stressed the distinction between a "doubting conscience" and a "scrupulous" one. Doubts were legitimate and had to be obeyed. But scruples,
“reasonable doubt.” As Justice Blackmun said, “To be a meaningful safeguard, the reasonable-doubt standard must have a tangible meaning that is capable of being understood by those who are required to apply it. It must be stated accurately and with the precision owed to those whose liberty or life is at risk.” 15
14 de abr. de 2004 · It is difficult, if not impossible, to so define the term “reasonable doubt” as to satisfy a subtle and metaphysical mind, bent on the detection of some point, however attenuated, upon which to hang a criticism.
- Larry Laudan
- 2003
Barbara J. Shapiro. The iconic phrase ‘proof beyond reasonable doubt’, which for well over a century has been associated with the Anglo-American legal system, is one that calls attention to the concepts of judgement, fact, evidence, credibility, doubt, probability – concepts that have for many generations occupied theologians, casuists ...
Larry Laudan 1 It is difficult, if not impossible, to so define the term reasonable doubt as to satisfy a subtle and metaphysical mind, bent on the detection of some point, however attenuated, upon which to hang a criticism.--
