Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt
On 5 March 1770 in Boston, Massachusetts, a patrol of British soldiers
was confronted by a crowd of Bostonians. The soldiers of the patrol were
provoked by the crowd and fired at it, killing five people. This incident
resulted in the indictment of the patrol’s leader – Captain Preston – and
eight soldiers for murder. John Adams (who would go on to become the
second US President) appeared for the defence in both cases. Robert
Treat Paine argued for the prosecution. In Preston, the patrol’s leader
was acquitted. In Wemms, six of the eight soldiers were acquitted,
but the remaining two soldiers were convicted of the lesser charge of
manslaughter.195
Adams, defending the British soldiers, argued in his closing arguments
that “the best rule in doubtful cases, is, rather to incline to acquittal than
conviction... If you doubt the prisoner’s guilt, never declare him guilty…”196
Paine agreed that jurors had to acquit if they had doubts; however, he
argued that their doubts must be reasonable:
If therefore in the examination of this Cause the Evidence is not
sufficient to Convince you beyond reasonable Doubt of the Guilt of
all or any of the Prisoners by the Benignity and Reason of the Law
you will acquit them, but if the Evidence be sufficient to convince
you of their Guilt beyond reasonable Doubt the Justice of the Law
will require you to declare them Guilty…197
The judges’ charges to the jury were only partially preserved so it is not
clear if they used the reasonable doubt language.198 Chief Justice Matthew
Hale instructed the jury: “Where you are doubtful, never act; that is, if
you doubt the prisoner’s guilt, never declare him guilty; this is always
the rule, especially in cases of life.”199 Superior Court Justice Peter Oliver
instructed the jury that “if upon the whole, ye are in any reasonable doubt
of their guilt, ye must then, agreeable to the rule of law, declare them
innocent.”200
Scholars suggest different interpretations of the use of the reasonable
doubt language in the jury instructions in the Boston Massacre trials.
In Morano’s view, to employ the reasonable doubt terminology was “to
break with tradition.”201 To the contrary, Shapiro notes that the “Boston
cases do not suggest that the standard was considered innovative, for
both the prosecution and the bench emphasized that the accused were
being tried according to traditional English usage.”202 For Whitman,
the “Boston massacre trial arguments … were framed in the language
Legal Papers of John Adams, Vol. 3, p. 46-98.
Legal Papers of John Adams, Vol. 3, p. 243.
Legal Papers of John Adams, Vol. 3, p. 271.
198
Morano, p. 517.
199
Legal Papers of John Adams, Vol. 3, p. 243.
200
Legal Papers of John Adams, Vol. 3, p. 309.
201
Morano, p. 518.
202
Shapiro, Doubt, p. 22.
195
196
197
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