C O M P A R AT I V E S T U D Y
The US Supreme Court regarded with favour the trial judge’s reference to
weighty and important concerns in the jurors’ lives:
[A]n illustration like the one given in this case … would be likely to aid
them to a right conclusion, when an attempted definition might fail.415
By this statement, the US Supreme Court generally approved of the use
of analogies when instructing juries on the meaning of reasonable doubt.
Shealy argues that instead of leaving the discretion of whether or not to
define the term “reasonable doubt” to the trial judges, the US Supreme
Court should have embraced the Webster definition more firmly. By doing
so, the US Supreme Court might have “spared the confusion that currently
reigns in this area of the law.”416
Holland v. United States (1954)
In Holland v. United States, the US Supreme Court approved of a jury
instruction describing reasonable doubt as “the kind of doubt … which you
folks in the more serious and important affairs of your own lives might be
willing to act upon.”417 This description reinforced the use of analogies to
describe reasonable doubt.418
The US Supreme Court also approved of the statement in Miles that “[a]
ttempts to explain the term ‘reasonable doubt’ do not usually result in
making it any clearer to the minds of the jury.”419 While the Court noted
that the jury instruction should have been phrased in terms of “hesitate
to act” rather than “willing to act upon,” it believed that “the instruction
as given was not of the type that could mislead the jury into finding no
reasonable doubt when in fact there was some.”420
In re Winship (1970)
The year 1970 was a watershed moment for the reasonable doubt standard.
The US Supreme Court in Winship granted constitutional status to the
reasonable doubt standard.
Winship dealt with the question of “whether proof beyond a reasonable
doubt is among the ‘essentials of due process and fair treatment’ required
during the adjudicatory stage when a juvenile is charged with an act
which would constitute a crime if committed by an adult.”421 The Court
put forward two reasons to support its holding. First, the Court reasoned
that the reasonable doubt standard “is a prime instrument for reducing
the risk of convictions resting on factual error” since “[it] provides
Hopt, at 441.
Shealy, p. 235.
417
Holland v. United States, 348 US 121, 140 (1954) (hereinafter “Holland”).
418
Power, p. 57.
419
Holland, at 140, citing Miles, at 312.
420
Holland, at 140.
421
Winship, at 359.
415
416
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