C O M P A R AT I V E S T U D Y
represented facts as true and relying and acting thereon. It is
such a doubt as will not permit you, after full, fair, and impartial
consideration of all the evidence, to have an abiding conviction,
to a moral certainty, of the guilt of the accused. At the same time,
absolute or mathematical certainty is not required. You may be
convinced of the truth of a fact beyond a reasonable doubt and yet
be fully aware that possibly you may be mistaken. You may find an
accused guilty upon the strong probabilities of the case, provided
such probabilities are strong enough to exclude any doubt of
his guilt that is reasonable. A reasonable doubt is an actual and
substantial doubt reasonably arising from the evidence, from the
facts or circumstances shown by the evidence, or from the lack of
evidence on the part of the State, as distinguished from a doubt
arising from mere possibility, from bare imagination, or from
fanciful conjecture.465
Sandoval and Victor argued that these instructions, which included
references to “moral certainty,” “substantial” and “grave” doubts, and
“strong probabilities” of the case, overstated the degree of doubt necessary
for acquittal and therefore unconstitutionally lowered the prosecutions’
burden of proof.466 After the respective state Supreme Courts of California
and Nebraska affirmed their convictions, the defendants filed petitions to
the US Supreme Court, and their cases were consolidated.
On appeal, the US Supreme Court reaffirmed the convictions by majority.
The Court held, Justice O’Connor delivering the judgment for the majority,
that the Constitution neither prohibited nor required trial courts to
define the term “reasonable doubt.”467 She noted that the Court had
only once held an instruction on the definition of reasonable doubt to
be unconstitutional, that the use of the terms “substantial” and “grave”
suggest to an ordinary juror a higher degree of doubt than the standard
required for an acquittal.468 Justice O’Connor noted that no particular
form of words is required in jury instructions; “[r]ather ‘taken as a whole,
the instructions [must] correctly convey the concept of reasonable doubt
to the jury.’”469
Both Sandoval and Victor challenged the use of the term “moral certainty”
in their respective jury instructions.470 The Court stated that it “do[es] not
condone the use of the phrase”471 and “do[es] not countenance its use[;]”472
however, the inclusion of the phrase did not render the instructions
unconstitutional.473
Victor, at 18 (italics in original).
Victor, at 14-22.
467
Victor, at 26.
468
Victor, at 6, citing Cage, at 41.
469
Victor, at 5, citing Holland, at 140.
470
Victor, at 16, 21.
471
Victor, at 16.
472
Victor, at 21.
473
Victor, at 22.
465
466
105
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents