C O M P A R AT I V E S T U D Y
buy your new home, what college you’re going to send your son to. These-this is the type of decision--this is the type of decision that is embodied in
the concept of reasonable doubt. So when you go through the evidence in
this case, when you evaluate it and sift through it, when you come to the
point of making a decision, I want you to think of it as the type of decision
like the examples that I just gave you.527
The United Kingdom (England and Wales)
The United Kingdom’s (“UK”) judiciary has repeatedly tried to define
reasonable doubt, but to date, the higher courts have just as often found
these definitions to be incorrect. While the higher courts suggest that
judges should generally abstain from providing juries with a definition,
the following cases still give an impression of the ways in which the
reasonable doubt standard cannot or should not be defined.
In Regina v. Summers (1952), the UK Court of Criminal Appeal held that it is
advisable not to instruct the jury on the definition of reasonable doubt since
the explanation results in more confusion.528 In Summers, the appellant
appealed his conviction and sentence for theft by the Surrey Court of Quarter
Sessions (a local criminal court in England and Wales).529 Although the
Court of Criminal Appeal found no grounds for interfering with either the
conviction or sentence and dismissed the appeal, Lord Chief Justice Goddard
made some observations on the use of the expression “reasonable doubt.”530
While summing up the evidence at the end of the trial, the presiding
judge stated:
We have used the words “reasonable doubt.” Some people have
difficulty in understanding that. I feel sure you will not have any
difficulty in understanding it. If you come to the conclusion on the
evidence when you are dealing with these conversations: “This
might have happened, or it might not,” that is a reasonable doubt.
I do not want you to bring yourself into that frame of mind if your
real view is: “It is just barely possible.” … Look at it from the point
of view of ordinary people, as if you were considering something in
your ordinary lives. Would you, as ordinary people, if this had been
something you had been told about by friends of yours, be inclined
to believe them or disbelieve them? That is the sort of thing which
is meant by “reasonable doubt.” It is nothing to do with lawyers’
jargon; it is merely the sort of judgement which the ordinary man
of the world brings to bear on his own affairs, and look at it from
that point of view.531
Matthew Bender Inc.2001, Criminal Law Advocacy, summation in Commonwealth v. Hammen by
defence lawyer Richard DiMaio, available at: http://www.claraweb.us/wp-content/uploads/2013/07/
Reasonable-Doubt-NC-2002.htm (last accessed 14 November 2016).
528
Regina v. Summers, [1952] 1 All E.R. 1059 (hereinafter “Summers”).
529
Summers, at 1059.
530
Summers, at 1059.
531
Summers, 1059-60.
527
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