Reasonable doubt: an argument against definition
Article Abstract:
Courts should not define the criminal law 'reasonable doubt' standard in their jury instructions because such instructions are not constitutionally mandated and because interpreting the standard is part of the jury's deliberative process. The Constitution has been interpreted to require for criminal offenses that guilt be found beyond a reasonable doubt, but no definition of this standard need be included in the jury's charge. Evidence shows that courts have not been successful in defining the standard, and the jury, as representatives of the community, should interpret the standard.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1995
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Winship on rough waters: the erosion of the reasonable doubt standard
Article Abstract:
Pervasive erosion of the standard requiring proof beyond a reasonable doubt established in In re Winship has resulted from an absence of social consensus concerning its premises. Measures needed to combat sophisticated criminal organizations and problems related to repeat offenders have contributed to the Winship standard's erosion. Devices which alter the presumption of innocence for repeat offenders should be viewed critically, whereas those aimed at curbing sophisticated criminal enterprises seem to be warranted.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1993
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Mens rea in federal criminal law
Article Abstract:
Increases in the federalization of criminal law have not been accompanied by development of clear and consistent mens rea standards. Maxims of statutory interpretation do not explain the US Supreme Courts' inconsistent treatment of the issue. The Courts' decisions should be informed by interests of federalism. Narrow construction of mens rea standards in federal statutes should be the general rule to reduce increasing federalization of criminal law.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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