Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt
cases regarding the development of the reasonable doubt standard,
several seminal US Supreme Court cases framing reasonable doubt in
jury instructions are discussed. This will provide the backdrop on how US
Federal Circuit Courts have dealt with instructing on reasonable doubt in
the absence of a settled definition. Throughout this discussion, various
insightful criticisms of the courts decisions are included for contextual
purposes, as well as the author’s views regarding the need to define the
reasonable doubt standard.
Commonwealth v. Harman (1846) and Commonwealth v. Rider (1905)
One of the early examples of how reasonable doubt was used and described
as a standard of proof is the 1846 Supreme Court of Pennsylvania case
Commonwealth v. Harman,367 which was later reviewed and clarified in
Commonwealth v. Rider.368
In Harman, the Court discussed the issue of the level of doubt of an
accused’s guilt that is necessary for an acquittal, stating that the doubt
must be “serious and substantial,” as opposed to ��the mere possibility.”369
Harman was charged with the murder of her infant child. The Court
noted that since all evidence was circumstantial, such evidence would be
sufficient to instruct the jury to exclude in their mind disbelief or doubt
regarding Harman’s guilt.370 The Court indicated that the disbelief or
doubt that a juror has must be an “actual and not technical disbelief,”
and that it will be “enough that his conscience is clear.”371 The Court
concluded that “the law exacts a conviction wherever there is legal
evidence to show the prisoner’s guilt beyond a reasonable doubt, and
circumstantial evidence is legal evidence.”372 It instructed the jury that
a doubt to reach an acquittal must be “serious and substantial – not the
mere possibility of a doubt.”373 However, if the jury “can reconcile [the
evidence] to any reasonable hypothesis of innocence, [they] may acquit.”374
The use of this discretionary language suggests that the jury may acquit,
as opposed to must acquit, in the presence of an actual reasonable doubt
as to the guilt of the accused.
Later in 1905, in Rider, the Superior Court of Pennsylvania clarified the
position taken in Harman regarding the jury’s discretion to acquit. In
Rider, the instruction given to the jury at trial stated: “[i]f you have any
doubt of the guilt of the defendants … on the indictments, under the
testimony and the law in the case, you may give the defendants … the
Commonwealth v. Harman, 4 Pa. 269 (1846) (hereinafter “Harman”).
Commonwealth v. Rider, 29 Pa. Super. 621 (1905) (hereinafter “Rider”).
Harman, at 274.
370
Harman, at 273.
371
Harman, at 273.
372
Harman, at 273 (italics in original).
373
Harman, at 274.
374
Harman, at 274 (emphasis added).
367
368
369
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