Reasonable doubt  

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Train wreck at Montparnasse (October 22, 1895) by Studio Lévy and Sons.
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Train wreck at Montparnasse (October 22, 1895) by Studio Lévy and Sons.

Beyond reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems.

Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard. This means that the proposition being presented by the prosecution must be proven to the extent that there could be no "reasonable doubt" in the mind of a "reasonable person" that the defendant is guilty. There can still be a doubt, but only to the extent that it would not affect a reasonable person's belief regarding whether or not the defendant is guilty. "The shadow of a doubt" is sometimes used interchangeably with reasonable doubt, but this extends beyond the latter, to the extent that it may be considered an impossible standard. Reasonable doubt is therefore used.

If doubt does affect a "reasonable person's" belief that the defendant is guilty, the jury is not satisfied beyond "reasonable doubt". The precise meaning of words such as "reasonable" and "doubt" are usually defined within jurisprudence of the applicable country.

Contents

See also

Beyond the shadow of a doubt

Beyond the shadow of a doubt, or beyond a shadow of a doubt, is a standard of proof. The phrase means the issue in question is so obvious, or has been so thoroughly proven, that there can exist no doubt. Two possible interpretations of "Beyond a shadow" might refer, first, to the fact that doubt could be nowhere in the vicinity (completely expelled from the issue), or second, to the thoroughness of the argument (a shadow being even less substantial than a doubt itself).

Burden of proof

Beyond the shadow of a doubt is a standard of proof, and as such, falls along a continuum of certainty. An example of such a continuum might advance as follows:

  1. air of reality - only having the traces of truth
  2. preponderance of the evidence - it is more likely than not
  3. clear and convincing evidence - it is substantially more likely than not
  4. beyond a reasonable doubt - no reasonable doubt could be raised
  5. beyond the shadow of a doubt - no doubt whatsoever could be raised

Interchangeability with reasonable doubt

Beyond the shadow of a doubt is sometimes used interchangeably, although mistakenly, with beyond a reasonable doubt, especially in courts of law. Some feel the former an impossible standard of proof in court, while the latter is more logically accommodating, allowing for the limits of human reason.

Scientific and philosophic perspectives

Beyond the shadow of doubt cannot be a scientific term because that level of certainty exists beyond the limits of science, i.e., because science depends on necessarily uncertain a posteriori knowledge, nothing in science could be beyond doubt. For this reason, one might find it useful to think of beyond the shadow of doubt as a metaphysical description.

Legal applications

Beyond the shadow of a doubt is not the standard of proof in criminal cases (beyond a reasonable doubt is the standard in common law jurisdictions). It has some relevance in the debate on capital punishment, where there is some support for making beyond the shadow of a doubt the standard required for the imposition of the death penalty in a capital case (the implication being that a defendant found guilty but only beyond a reasonable doubt would be convicted but could not be sentenced to death).

History

Beyond the shadow of a doubt, or beyond a shadow of a doubt appears to be a phrase that has grown up in the colloquial, predominantly from the simpler form "beyond a doubt," circa 1300.

Other notable uses of the exact phrase shadow of (a) doubt include:






Unless indicated otherwise, the text in this article is either based on Wikipedia article "Reasonable doubt" or another language Wikipedia page thereof used under the terms of the GNU Free Documentation License; or on original research by Jahsonic and friends. See Art and Popular Culture's copyright notice.

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