Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: DK Zimmerman

No, I do not have it backward. Your terminology is incorrect. The key word is REASONABLE. Not just doubt. The standard is not "beyond a reasonable doubt." The prosecutor must "prove to the exclusion of reasonable doubt" that the accused did the crime. They do not have to prove how, when and why. Under your standard, we could all go out and kill with impunity. You would reward a criminal who has the ability to cover up a crime. The jury who are given detailed instructions stating that they can only find REASONABLE doubt if they can explain the evidence within the REASONABLE scenario that is giving them doubt. Otherwise, according to your standard, someone could say, "well, it must have been those little green creatures I see at night. They took her." Some juror may have a doubt but if it is not REASONABLE considering the evidence presented, they must convict. Why do you assume I'm not a lawyer??


167 posted on 11/30/2004 1:22:36 PM PST by spiralsue (I will never forget 9/11)
[ Post Reply | Private Reply | To 152 | View Replies ]


To: spiralsue
Are we a bit paranoid? I never assumed anything about you.

As to backwards, I was referring to the fact that the state must prove their case, the burden is upon them to do so. You, I believe, placed undue emphasis on the jury's ability to think of alternatives, distorting things to the point that the jury is required to accept the state's version of what happened if they can't figure out an alternative explantion. This would seem to beg prosecutors to seek only unimaginative jurors, which I believe they do, but for other reasons.

As to specific wording, I believe it actually varies from jurisdiction to jurisdiction. But hey, I'm no lawyer. I just read a lot.

177 posted on 11/30/2004 1:43:54 PM PST by DK Zimmerman
[ Post Reply | Private Reply | To 167 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson