Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt
cases, the law does not require proof that overcomes every possible
doubt. If based on your consideration of the evidence, you are
firmly convinced that the defendant is guilty of the crime charged,
you must find him guilty. If on the other hand, you think there is a
real possibility that he is not guilty, you must give him the benefit
of the doubt and find him not guilty.439
Newman points out that “the misleading phrase about a doubt ‘based on
reason’” and the “ambiguous language about ‘hesitating on important
matters’” are absent from the Federal Judicial Center Pattern Criminal
Jury Instructions.440 Newman also maintains that the appellate standard
for assessing the sufficiency of evidence should be redefined as the
“reasonable jury” standard, instead of the “any rational trier” standard.441
The US Supreme Court next discussed the jury instructions defining
reasonable doubt in Cage v. Louisiana,442 Sullivan v. Louisiana443 and Victor
v. Nebraska.444 In Cage, the US Supreme Court invalidated the trial court’s
use of the terms “substantial doubt” and “grave uncertainty” in describing
reasonable doubt, finding the trial jury instruction unconstitutional.445
Subsequently, in Sullivan the Court addressed the issue of the effects
that errors during trial have on an appellate court’s review, holding that
a constitutionally deficient reasonable doubt instruction was an error
resulting in the automatic reversal on appeal. In Victor, the US Supreme
Court discussed the concept of “moral certainty,” concluding that the
jury’s understanding of “moral certainty” was unlikely to suggest a lower
standard of proof than due process requires.446
Cage v. Louisiana (1990)
In Cage, the US Supreme Court delivered a per curiam (unanimous)
opinion reversing the judgment of the Supreme Court of Louisiana and
holding that the jury instruction given at trial “violated the reasonable
doubt requirement protected by the due process clause.”447
The trial judge instructed the jury:
[A reasonable doubt] is one that is founded upon a real tangible
substantial basis and not upon mere caprice or conjecture. It must
be such doubt as would give rise to a grave uncertainty, raised in your
mind by reasons of the unsatisfactory character of the evidence or
lack thereof. A reasonable doubt is not a mere possible doubt. It
is an actual and substantial doubt. It is a doubt that a reasonable
Newman, p. 991, citing Federal Judicial Center, Pattern Criminal Jury Instructions 28, instruction 21 (1987).
Newman, p. 991.
441
Newman, p. 991.
442
Cage v. Louisiana, 498 U.S. 39 (1990) (hereinafter, “Cage”).
443
Sullivan v. Louisiana, 113 S. Ct. 2078, 2082 (1993) (hereinafter “Sullivan”).
444
Victor supra n. 401.
445
Cage, at 39.
446
Victor, at 9-17.
447
Cage, at 39.
439
440
102
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