Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt
The Court further reasoned:
[T]he essential connection to a ‘beyond a reasonable doubt’ factual
finding cannot be made where the instructional error consists of a
misdescription of the burden of proof, which vitiates all the jury’s
findings. A reviewing court can only engage in pure speculation –
its view of what a reasonable jury would have done. And when it
does that, ‘the wrong entity judge[s] the defendant guilty.’458
The Court recalled the distinction between structural errors, being
“structural defects in the constitution of the trial mechanism, which
defy analysis,” and harmless errors, “which may be quantitatively
assessed in the context of other evidence presented.”459 Thus, the
Court held that the deprivation of the right to a jury verdict of guilt
beyond a reasonable doubt “with consequences that are necessarily
unquantifiable and indeterminate, unquestionably qualifies as
structural error.”460
Victor v. Nebraska (1994)
The US Supreme Court revisited the issue of faulty jury instructions
in Victor. However, it did not take the opportunity to provide a clear
definition of the reasonable doubt standard.
Victor concerned two separate actions: the petitioners in State v. Victor461
and People v. Sandoval462 were individually convicted of murder and
sentenced to death, and appealed the constitutionality of their respective
jury instructions defining reasonable doubt.
Sandoval had been convicted of a double homicide.463 In his case, the jury
was instructed:
Reasonable doubt is defined as follows: It is not a mere possible
doubt; because everything relating to human affairs, and depending
on moral evidence, is open to some possible or imaginary doubt. It
is that state of the case which, after the entire comparison and
consideration of all the evidence, leaves the minds of the jurors in
that condition that they cannot say they feel an abiding conviction,
to a moral certainty, of the truth of the charge.464
Victor was convicted of first-degree murder. Similar instructions were
given to the jury in his trial:
“Reasonable doubt” is such a doubt as would cause a reasonable
and prudent person, in one of the graver and more important
transactions of life, to pause and hesitate before taking the
Sullivan, at 279.
Sullivan, at 281, citing Arizona v. Fulminante, 499 U.S. 279, 309 (1991).
460
Sullivan, at 281-82.
461
State v. Victor, 235 Neb. 770 (1990).
462
People v. Sandoval, 4 Cal. 4th 155 (1992).
463
Victor, at 7.
464
Victor, at 7 (italics in original).
458
459
104
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