The Proof of Guilt

The Proof of Guilt
Author: Glanville Llewelyn Williams
Publisher:
Total Pages: 392
Release: 1963
Genre: Criminal procedure
ISBN:

Evidence of Guilt

Evidence of Guilt
Author: John MacArthur Maguire
Publisher:
Total Pages: 320
Release: 1959
Genre: Administrative law
ISBN:

The Origins of Reasonable Doubt

The Origins of Reasonable Doubt
Author: James Q. Whitman
Publisher: Yale University Press
Total Pages: 286
Release: 2008-01-01
Genre: Law
ISBN: 0300116004

To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

Jury Directions

Jury Directions
Author: New South Wales. Law Reform Commission
Publisher:
Total Pages: 203
Release: 2012
Genre: Instructions to juries
ISBN: 9780734726803

This report is about the directions that judges give to juries in the course of a criminal trail, and particularly at the summing up. These directions are designed to help jurors understand as much of the law and the issues that arise in the case as they need to make proper use of the evidence and to reach a verdict.