Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt
on in the end of the trial. This basically means that the application of in
dubio pro reo, more or less, focuses also on the ultimate question about
the defendant’s guilt. So, if the judge, having considered the evidence, has
doubts about the existence of facts that define the crime, the judge basically
doubts the defendant’s guilt and, by applying the principle of in dubio pro
reo, shall decide that those facts are not existent (were not proven beyond
doubt) and shall adopt an acquitting decision.
Another obvious difference between the two principles is the level of
doubt. While beyond reasonable doubt standard requires taking into
consideration only ‘reasonable’ doubt, the principle of in dubio pro reo
does not require it explicitly. The principle of in dubio pro reo does not give
gradation of the doubt, so it is up to the judge to do the same (to determine
whether he/she is in doubt or not). Although the doubt is an inner state
of mind and it is connected with the process of thinking as well as the
consciousness of the person, it cannot be detached from the society in
general and the overall level of awareness of the society at a particular
point in time. In other words, an individual cannot derogate much from
what could be considered doubtful in a society in a particular period
of time. For example, a judge cannot doubt whether the defendant has
committed the crime only because they may have twin brother or sister
nobody knows about, including the judge, and who may have committed
the crime instead. Even if the judge has such doubts, these doubts will
not be reasonable for most of the people around him/her. But, what if
such evidence corroborating this theory exists? What if, for instance, the
defence presents evidence showing that a twin brother really exists, that
he is not in good relations with the defendant, and he actually wants to
set the defendant up? In such a case, the judge may have solid grounds
to reasonably doubt the prosecutor’s case and the defendant’s guilt. So,
although not specifically stated, the principle of in dubio pro reo refers
also to the reasonable doubt, because any unreasonable doubt is just an
assumption that may lead to a cul-de-sac with remerging doubts, doubts
in everything and anything, with only limit being one’s imagination.
The next question would be whether doubt always exists? Probably yes.
Doubting is inevitable part of the thinking process and the judge should be
doubtful throughout the trial. Having a doubt is equally important, as it is
healthy. But whether the reasonable doubt always exists? Probably not. If
the case is clear (that is, the prosecutor manages to refute the allegations
of the defence about the twin brother beyond reasonable doubt), there
will be no reasonable doubt.
When a person doubts reasonably, it is improbable that he/she will remain
in a stage of doubt for too long. It is unnatural for a person to be in the
state of pure doubt. When a person reasonably doubts something which
has its opposite, it is natural to incline to the opposite. For example, if one
reasonably doubts that the art piece is original, he/she actually inclines
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