The Evolution of the Doctrine of "Beyond Reasonable Doubt"
the "beyond reasonable doubt" standard has characterized the Anglo-American criminal justice system for more than two hundred years. That system has always depended heavily upon the jury so that any study of reasonable doubt necessarily must be linked to an examination of the jury. From the surviving records, it does not appear that judges initially concerned themselves much with the question of the jury's evidentiary duties. Early jurors reached decisions on the basis of a mixture of their own personal knowledge of events and the testimony of others. By the sixteenth century most of the personal knowledge had dropped away. Once jurors were clearly perceived to be reaching decisions
…show more content…
If judges felt they now had to instruct jurors on how to know about matters of fact and on how much to know, it was natural for them to turn to the ideas of their contemporaries who were principally concerned about knowing and who were attempting to convey their ideas about knowing to the lay population from which juries were drawn. This tendency was reenforced by the relative isolation of the judges from their normal source of professional sustenance, the bar, when dealing with jury matters. In normal circumstances, lawyers appeared for neither side in ordinary criminal …show more content…
Their efforts were both shaped and complemented by the enormous upsurge in epistemological thinking that was a part of what is commonly called the "scientific revolution." Thus the judges confronted twin sources of epistemological guidance. One was the English religious tradition, particularly the casuistical tradition, which sought a rational method of decision making in everyday life. The other was the scientific movement of Bacon, Boyle, and especially Locke and the empirical philosophers, who sought to establish scientific truth from the evidence they gathered. This paper is about how judges created the beyond reasonable doubt standard for the jury, and so it is also about the religious and philosophical thinking from which that standard was derived.
There are two kinds of rules of evidence in common-law jurisdictions. The first, which deals with what kinds of evidence may get to the jury when and in what form, can be understood without much reference to nonjury developments. The second deals with the evaluation by the jury of the evidence, and how it is to decide whether there is sufficient probative evidence to justify a verdict. Such rules are drawn from the culture's general understanding of how we "know" things to be true. This paper deals with this second variety and
The jury system of a trial is an essential element of the democratic process. It attempts to secure fairness in the justice system. Traditionally, the jury system has been viewed as a cornerstone of common law procedure. However, the use of the system of trial by jury is on the decline. Today, its use differs, depending on whether (a) it is a civil or criminal matter, and (b) in criminal matters, whether it is a summary or an indictable offence.
In “The Adversary Judge” Frankel explains how realities of the trial create a “role conflict” between the ideally constructed impartial judge and the realistic adversary judge (Frankel, 1976). Throughout their day people play many roles, these roles are based on the expectations of the people around them and the personality of the person (Frankel, 1976). In particular, judges are expected to play the role of neutrality, intelligence, and patience. Their role is thought to be similar of an “umpire” (Frankel, 1976). It is necessary for them to be objective in order for a just and fair trial to take place. Yet, this ideal role does not occur under the pressure of realities. One reality that pushes away the idea of an “umpire” judge is the heated emotions that occur throughout the trial process. Frankel states” the courtroom explodes as people spring up at several tables shouting objections, usually loudly because they are in some haste and heat to cut off forbidden answers” (Frankel, 1976, p. 472). The attorney’s main goals throughout the trail is to ensure a win for their client leading to competitiveness between both parties. Attorneys do not want to hear they are wrong and always need to be one step ahead of their competitors. This causes the commotion and tense emotions that is usually seen in courts.
Juries are an essential component of Queensland’s criminal justice system. However, the current jury system in criminal law cases does not effectively meet the needs of society. This thesis is established by first examining the role that juries play in the criminal justice system and the various interests of those affected by juries. This is followed by a consideration of arguments for and against juries and reforms that may be made to the jury system. Overall, it will be seen that there are substantial reasons to reform the current system.
``In criminal law, confession evidence is a prosecutor’s most potent weapon’’ (Kassin, 1997)—“the ‘queen of proofs’ in the law” (Brooks, 2000). Regardless of when in the legal process they occur, statements of confession often provide the most incriminating form of evidence and have been shown to significantly increase the rate of conviction. Legal scholars even argue that a defendant’s confession may be the sole piece of evidence considered during a trial and often guides jurors’ perception of the case (McCormick, 1972). The admission of a false confession can be the deciding point between a suspect’s freedom and their death sentence. To this end, research and analysis of the false confessions-filled Norfolk Four case reveals the
For this criteria I will be producing a written evaluation of the effectiveness of magistrates and juries in the administration of justice in the English legal system.
Several pairs of eyes trail the prosecutor as he puts forth his reasons as to why the defendant should be guilty. Several pairs of ears listen intently in a trance like mode, also cautious of every detail. The prosecutor presents the facts with great gusto, painting a picture of the defendant in a bad light. Once he is done, the defendant’s lawyer takes the stage and he too, with great effort, puts forth reasons as to why his client is innocent. In the end, when everything is said and done and it time for the verdict, only one voice answers to the court clerk out of the 12 men and women. These 12 people are the jurymen and they play an equally important role as the lawyers and judges of a court trial. In fact, a jury is the sole decider, based
William James (1897), on the other hand, attempts to define the permissible cases in which it is intellectually respectable to believe without sufficient evidence. James (1897) begins by providing three criterion for judging beliefs: either beliefs are 1) living or dead; 2) forced or avoidable; or 3) momentous or trivial.
On observing the District Court a number of distinctions from the Local Courts were immediately made apparent. Without going in to detail about the actual structure of the courts, they seemed to fit more closely with the traditional schema of a typical courtroom. In particular the larger courtrooms with more facilities combined with the barristers and magistrates wearing their wig and robes seemed to instantly uphold the ideology of justice. It is interesting to note how appearances can automatically provide an impression that justice will be upheld. The
Specifically, in a criminal trial, it is the role of the jury to determine a “guilty” or a “not guilty” verdict which is set in place by the standard “beyond a reasonable doubt” meaning that even with the slightest indication of doubt, the defendant must be found not guilty. This standard places the burden of proof with the prosecution to ensure the judge or
In the american court room there are several people involved. Some of the most important and lawful figures include: the judge, who is the main authority and the one responsible for justice. The prosecuting attorney, responsible for presenting the case against the defendant. The defense counsel, who is in
This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision-making process. It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process.
Common law also permitted the prosecution to adduce evidence that was relevant to the accused’s guilt of the offence charged,
In Pagett, Goff LJ [8] asserted that ‘it is left for ‘the judge to direct… in simple terms, in accordance with the legal principles which they have to apply. It would then fall to the jury to decide the relevant factual issues which, identified with reference to those legal principles, will lead to the conclusion whether or not the prosecution have established the guilt of the accused of the crime of which he is
William the Conqueror introduced the jury system into England in 1066 after the battle of Hastings. It wasn’t until the 14th century when their roll came to determiner of fact in a case.
May and Powles view evidence as ‘something’ which tends to prove or disprove something else. In the context of a trial this consists of information placed before the court for the purpose of proving or disproving facts in issue. Beecher-Monas states that in a system based on the rule of law and which aspires to ‘truth’, the accuracy and reliability of such information is essential. The mechanisms available to the court to determine the latter, centre on the presentation of evidence under oath, cross-examination and the observation of witness demeanour .