Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt
Hopt v. Utah (1887)
As predicted, in 1887, six years after Miles, the US Supreme Court was
confronted again with the definition of the reasonable doubt standard
in Hopt v. Utah.409 A district court in Utah had convicted the petitioner
of murder and sentenced him to death.410 One of the grounds of appeal
was the trial judge’s instruction to the jury on the meaning of reasonable
doubt.411 The trial judge had charged the jury as follows:
[I]f you can reconcile the evidence before you upon any reasonable
hypothesis consistent with the defendant’s innocence, you should
do so, and in that case find him not guilty...
[A] reasonable doubt is a doubt based on reason, and which is
reasonable in view of all the evidence. And if, after an impartial
comparison and consideration of the evidence, you candidly say that
you are not satisfied of the defendant’s guilt, you have a reasonable
doubt; but if, after such impartial comparison and consideration
of all the evidence, you can truthfully say that you have an abiding
conviction of the defendant’s guilt, such as you would be willing to
act upon in the more weighty and important matters relating to
your own affairs, you have no reasonable doubt.412
The US Supreme Court approved this definition and, in doing so, also
discussed the Webster jury instruction. It noted that difficulty arises
from the Webster instruction because “the words ‘to a reasonable and
moral certainty’ add nothing to the words ‘beyond a reasonable doubt;’
one may require explanation as much as the other.”413 The US Supreme
Court further referred to Webster, stating:
It was there also said, that an instruction to the jury that they
should be satisfied of the defendant’s guilt beyond a reasonable
doubt, had often been held sufficient, without further explanation.
In many cases, it may undoubtedly be sufficient. It is simple, and
as a rule to guide the jury is as intelligible to them generally as any
which could be stated, with respect to the conviction they should
have of the defendant’s guilt to justify a verdict against him. But
in many instances, especially where the case is at all complicated,
some explanation or illustration of the rule may aid in its full and
just comprehension.414
Hopt v. Utah, 120 U.S. 430 (1887) (hereinafter “Hopt”). This appeal arose out of Hopt’s fourth
conviction for the murder of John F. Turner. The three previous convictions had each been overturned
by the US Supreme Court. The repeated appeals led to a total time span of seven years between the
murder and Hopt’s execution, which frustrated the people of Utah and caused the public lynching of
five alleged criminals. See Kimberly S. Hanger, The Frederick Hopt Murder Case: A Darker Side of Utah
Territorial History, 6(0) UCLA Hist. J. 83 (1985).
410
Hopt, at 430.
411
Hopt, at 431.
412
Hopt, at 439.
413
Hopt, at 440.
414
Hopt, at 440.
409
98
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents