Manafort Judge: "Reasonable doubt is a doubt based on reason". Error?
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Date: August 16th, 2018 9:16 PM Author: Burgundy tripping senate
is this instructional error?
>>Third, they asked if the judge could "redefine reasonable doubt." Jurors sometimes struggle with what constitutes a reasonable doubt of someone's guilt, versus an unreasonable doubt. The judge told them reasonable doubt "is a doubt based on reason," but added: "The government is not required to prove guilt beyond all possible doubt."
(http://www.autoadmit.com/thread.php?thread_id=4053731&forum_id=2#36629950)
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Date: August 17th, 2018 7:02 PM Author: swashbuckling angry coffee pot institution
You seem like an idiot who should probably self-castrate to prevent propagation of your imbecility to future generations.
XOXO
HTFH
(http://www.autoadmit.com/thread.php?thread_id=4053731&forum_id=2#36635511) |
Date: August 16th, 2018 9:17 PM Author: Burgundy tripping senate
quick googling and found this 4th cir en banc op:
http://www.ca4.uscourts.gov/opinions/974498.P.pdf
The rationale behind this rule is "our belief that efforts to define
reasonable doubt are likely to confuse rather than clarify the concept.
. . ." United States v. Williams, 152 F.3d 294, 298 (4th Cir. 1998). We
are convinced "that the term reasonable doubt has a self-evident
meaning comprehensible to the lay juror which judicial efforts to
define generally do more to obscure than to illuminate." United States
v. Headspeth, 852 F.2d 753, 755 (4th Cir. 1988) (citation omitted)
This rationale is challenged when, as in the present case, a jury specifically
requests a definition of reasonable doubt. We understand that
when a jury specifically requests a definition of reasonable doubt during
deliberations, there is a risk that the jury may be confused over
what standard of proof to apply in a criminal case. At the same time,
we also appreciate the constitutionally-mandated importance of the
reasonable doubt standard in a criminal trial. See In re Winship, 397
U.S. 358, 362 (1970) ("Expressions in many opinions of this Court
indicate that it has long been assumed that proof of a criminal charge
beyond a reasonable doubt is constitutionally required."). Nevertheless,
we remain convinced that attempting to explain the words "beyond
a reasonable doubt" is more dangerous than leaving a jury to
wrestle with only the words themselves.7
(http://www.autoadmit.com/thread.php?thread_id=4053731&forum_id=2#36629956) |
Date: August 16th, 2018 9:26 PM Author: Adventurous keepsake machete
a doubt based on reason? holy fuck, who doesn't have even some of those for basically ironclad shit
he walks
(http://www.autoadmit.com/thread.php?thread_id=4053731&forum_id=2#36630017) |
Date: August 16th, 2018 10:58 PM Author: Coral office
judge shouldn't have said shit
if the dumbass jury can't figure out "reasonable doubt" then there's not much he can say to help them
100% of the time i've seen juries have questions, the judges answer is basically "decide only on the evidence in front of you" or "re-read the jury instructions"
(http://www.autoadmit.com/thread.php?thread_id=4053731&forum_id=2#36630569) |
Date: August 17th, 2018 6:21 PM Author: Crusty location twinkling uncleanness
Judge just clarified reasonable doubt:
"There are reasonable doubts and unreasonable ones. An unreasonable doubt would be to wonder if an alien committed the crime. A reasonable one, on the other hand, would be if Rick Gates did it."
(http://www.autoadmit.com/thread.php?thread_id=4053731&forum_id=2#36635176) |
Date: August 17th, 2018 7:58 PM Author: swashbuckling angry coffee pot institution Subject: NY Jury Instruction
The law uses the term, "proof beyond a reasonable doubt," to tell you how convincing the evidence of guilt must be to permit a verdict of guilty.14 The law recognizes that, in dealing with human affairs, there are very few things in this world that we know with absolute certainty. Therefore, the law does not require the People to prove a defendant guilty beyond all possible doubt.15 On the other hand, it is not sufficient to prove that the defendant is probably guilty.16 In a criminal case, the proof of guilt must be stronger than that.17 It must be beyond a reasonable doubt.18
A reasonable doubt is an honest doubt of the defendant's guilt for which a reason exists based upon the nature and quality of the evidence.19 It is an actual doubt, not an imaginary doubt.20 It is a doubt that a reasonable person, acting in a matter of this importance, would be likely to entertain because of the evidence that was presented or because of the lack of convincing evidence.21
(http://www.autoadmit.com/thread.php?thread_id=4053731&forum_id=2#36635875) |
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