REASONABLE DOUBT
reasonable doubt.The doubt that prevents one from being firmly convinced of a defendant’s
guilt, or the belief that there is a real possibility that a defendant is not guilty. • “Beyond a
reasonable doubt” is the standard used by a jury to determine whether a criminal defendant is
guilty. See Model Penal Code § 1.12. In deciding whether guilt has been proved beyond a
reasonable doubt, the jury must begin with the presumption that the defendant is innocent. — Also
termed rational doubt. See BURDEN OF PERSUASION. Cf. clear and convincing evidence under
EVIDENCE; PREPONDERANCE OF THE EVIDENCE. [Cases: Constitutional Law 266(7);
Criminal Law 561. C.J.S. Constitutional Law §§ 1028–1029, 1037; Criminal Law § 1108.]
“Reasonable doubt … is a term often used, probably pretty well understood, but not easily
defined. It is not a mere possible doubt; because every thing 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
jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty,
of the truth of the charge.” Commonwealth v. Webster, 59 Mass. (5 Cush.) 295, 320 (1850)(per
Lemuel Shaw, J.).
“The gravamen of Lord Goddard’s objection to the formula of ‘reasonable doubt’ seems to
have been the muddle occasionally created by an impromptu effort to explain to a jury the
meaning of this phrase. A simple solution would be to refrain from explaining it, relying on the
common sense of the jury. As Barton J. said in an Australian case, ‘one embarks on a dangerous
sea if he attempts to define with precision a term which is in ordinary use with reference to this
subject-matter, and which is usually stated to a jury without embellishment as a well understood
expression.’ However, some modes of embellishment seem to be unobjectionable. There is
probably no harm in telling the jury, as some judges do, that a reasonable doubt is one for which a
sensible reason can be supplied.” Glanville Williams, Criminal Law 873 (2d ed. 1961). [Blacks Law 8th]