Is Reasonable Doubt Reasonable?
University of Texas School of Law
U of Texas Law, Public Law Research Paper No. 144
This paper analyses the multiple tensions and confusions in appellate-court efforts to explain the criminal standard of proof. It concludes that the ambiguous and highly subjectivist character of the Supreme Court's recent glosses on this conception render it virtually meaningless. It is virtually indistinguishable from a standard saying that any doubt whatever, even inarticulable doubts, can justify an acquittal.
Number of Pages in PDF File: 35
Keywords: reasonable doubt, moral certainty, standard of proof
Date posted: July 1, 2008
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