Beyond Reasonable Doubt
Definition
The criminal standard of proof in adversarial jurisdictions including England and Wales, the United States, and India. The factfinder must be sure of guilt; doubt based on reason requires an acquittal.
- Applies to
- Criminal standard of proof, adversarial systems
- Example jurisdictions
- England and Wales, United States, India
- Outcome if unmet
- Acquittal
- Contrast
- Balance of probabilities, the civil standard
Common questions
Is the standard identical in every adversarial jurisdiction?+
The underlying idea, that the factfinder must be sure of guilt, is shared, but jury directions phrase it differently across jurisdictions, and some, such as England and Wales, now favour the word 'sure' over the traditional phrase.
How does this standard affect how a forensic expert should present conclusions?+
An expert's evidence is only one input toward the factfinder reaching this standard, so overstating certainty, or offering a probability that implies more than the science supports, can improperly tip a jury toward or away from it.
Related terms
- Adversarial System
- A legal model in which two opposing parties (prosecution and defence, or claimant and defendant) present competing cases to a neutral decision-maker....
- Burden of Proof
- The obligation to prove a fact or claim. In criminal law the prosecution typically bears the burden; in civil law the claimant...
- Duty to the Court
- The obligation of expert witnesses in UK proceedings (and, to varying degrees, in other jurisdictions) to assist the court with objective, unbiased...
- Hired Gun
- An expert who tailors opinions to advance the case of the party paying them rather than giving an independent assessment. The term...
- Inquisitorial System
- A model of legal proceedings, common in civil-law countries such as France and Germany, in which the court takes an active role...