C O M P A R AT I V E S T U D Y
benefit of that doubt.”375 Citing Harman with approval, the Court held
that “[a] doubt, to work an acquittal, must be serious and substantial, not
the mere possibility of a doubt.”376 However, the Court then distinguished
the position taken in Harman as to how the jury must treat a reasonable
doubt:
An instruction which must reasonably be held to have given a jury
the impression that if they found that such a doubt as the law
recognizes existed … then they were vested with a discretion to
determine whether the defendant should have the benefit of that
actually existing reasonable doubt, is certainly misleading. The
discretion of the jury is to be exercised in determining whether the
reasonable doubt exists, if they find that such doubt does exist, then,
the legal principle applicable is that they must give the defendant
the benefit of the doubt; not that they may do so in their discretion.377
Harman and Rider illustrate that the term “reasonable doubt” was not
treated as a novelty by the Pennsylvania Courts. It had gained some
acceptance in articulating the standard of proof required to reach a guilty
verdict.
Giles v. Georgia (1849)
In Giles v. Georgia,378 the Supreme Court of Georgia discussed the issue of
a faulty jury instruction regarding the reasonable doubt standard. Giles
concerned an appeal of a conviction for libel. The defendant appealed on
the basis that the trial judge erred in instructing the jury on “the degree
of conviction which should rest on their minds before they found the
prisoner guilty.”379 The defendant specifically contested the trial judge’s
statement that though “the defendant was entitled to the benefit of any
doubts … they must be reasonable doubts, not a ‘may be so,’ or a ‘might
be so.’”380 In addressing this issue, the Court attempted to define the
reasonable doubt standard.
The Court relied on several English treatises on the development of the
term “reasonable doubt.” One of the treatises relied upon was Macnally’s
Rules of Evidence on Pleas of the Crown, wherein he stated that “if a
jury entertain a reasonable DOUBT upon the truth of the testimony of
witnesses, given upon the issue, they are sworn well and truly to try,
they are bound in conscience to deliver the prisoner from the charge
found against him in the indictment, by giving a verdict of not guilty.”381
Macnally referred to Sir Edward Coke, who “exhort[ed] juries not to give
their verdict against a prisoner, without plain, direct, and manifest proof
Rider, at 625 (emphasis added).
Rider, at 625.
Rider, at 626 (emphasis added).
378
Giles v. Georgia, 6 Ga. 276 (1849) (hereinafter “Giles”).
379
Giles, at 284.
380
Giles, at 284 (emphasis added).
381
Macnally, p. 2 (emphasis in original).
375
376
377
93
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