C O M P A R AT I V E S T U D Y
The US Supreme Court read this right into the US Constitution in the
Winship278 case, holding the State (prosecuting authorities) to the standard
of proof beyond a reasonable doubt. Quoting from Coffin v. United States279
(1895), the US Supreme Court in Winship noted:
The reasonable-doubt standard plays a vital role in the American
scheme of criminal procedure. It is a prime instrument for reducing
the risk of convictions resting on factual errors. The standard
provides concrete substance for the presumption of innocence – that
bedrock “axiomatic and elementary” principle whose “enforcement
lies at the foundation of the administration of our criminal law.”280
In the common law systems the trial judge instructs and gives guidance
to the jurors throughout the trial. The judge must make it explicitly clear
in these instructions that the jurors should give the benefit of the doubt
to the accused. If there is any reasonable doubt from the totality of the
evidence, the jury must acquit the accused. The process of instructing the
jury throughout the trial and how the reasonable doubt instruction at
the end of the trial is to be appreciated is cogently described by Richard
Uviller:
Jurors are invariably instructed by the judge – usually several
times – that they have the exclusive responsibility to find the
facts; they are then told at length just how they are to go about
finding those facts. Addressing the raw data accumulated during
the trial (actually, the evidence is hardly raw, having been refined
by evidentiary and constitutional filtration), the judge will enjoin
the jury to use their ordinary faculties of judgment and common
sense. Jurors are told how to weigh credibility, taking into
account the demeanour of witnesses on the stand, tone of voice,
eye movements, body language, attitude – all the various sorts of
unconscious communications that often betray the liar and confirm
the account of the truthful. The jury is told that the credibility of
a witness may be attacked (“impeached”) by evidence of bias, by
contradiction of evidence from another source, or by inconsistency
between the witness’s trial testimony and some statement on
the same matter previously made by the same witness. They are
instructed that the defendant (if he testifies in his own behalf) and,
in some instances, co-conspirators are biased as a matter of law
because of their inherent stake in the outcome. Jurors are also
instructed that other witnesses may be biased in fact for any one
of a number of reasons, among them a personal or professional
relationship to the defendant or victim or some personal interest in
the outcome. At the same time, the jurors are reminded that even
a biased witness may tell the truth. In general, they are advised
they may either discard the discredited portions of an impeached
In re Winship, 397 US 358 (1970) (hereinafter “Winship”).
Coffin v.United States, 156 U.S. 432, 453 (1895).
280
Winship, at 362-63, (emphasis added).
278
279
63
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