Not yet registered? Create a OverBlog!

Create my blog

Origin and meaning: Benefit of the doubt

Benefit of the doubt refers to an adoption of a positive opinion or judgement when there is some but not sufficient evidence to think otherwise. In legal terms, benefit of the doubt is referred to as reasonable doubt.

Origins

Reasonable doubt
In law, benefit of the doubt means that a defendant is considered innocent and acquitted by the jury if his or her guilt has not been proven beyond reasonable doubt.
If having examined all the evidence during legal proceedings in a criminal court of law, a juror still entertains a degree of doubt as to the guilt of the accused person, the juror finds in favour of the defendant and pronounces him or her not guilty.
Reasonable doubt is sometimes linked to moral certainty. First use of reasonable doubt
The first documented use of the term reasonable doubt appears in 18th century English and American case law.
It is reported (Kenney 1995) that the term was first used in Irish treason trials in 1798 where the defence stated that “if the jury entertain a reasonable doubt upon the truth of the testimony of witnesses... they are bound” to acquit.
An earlier use is reported in the Boston Massacre Trials of 1770. Benefit of the doubt in the 19th and 20th centuries
Reasonable doubt was accepted as “the accurate description of the degree of doubt necessary for acquittal of a criminal defendant” by the 19th century when it became widely used as a standard in the criminal justice system.
In the 20th century, reasonable doubt was given constitutional status in the United States.
The benefit of the doubt is a legal standard that reduces the risk of false convictions.

Meaning of benefit of the doubt

Meaning
In his article “Fifth amendment” S. Kenney details the meaning given to reasonable doubt by U.S. courts.
Reasonable doubt was defined as moral certainty.
The accused person is presumed to be innocent and entitled to a verdict of not guilty if his guilt is not satisfactorily shown.
If the jurors cannot reach a conviction on moral certainty they should acquit. Reasonable doubt was defined as a doubt which arises from actual evidence as opposed to a mere possibility, or imaginary doubt. Final word
The Federal Judicial Centre refers to the benefit of the doubt as follows:
“Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant’s guilt. ... If... you are firmly convinced that the defendant is guilty of the crime charged, you must find him guilty. If... you think there is real possibility that he is not guilty, you must give him the benefit of the doubt and find him not guilty.”

Same category articles Literature

A review of Bringing Up Boys by James C. Dobson

A review of bringing up boys by james c. dobson

Parents have been suffering from confusion about how to bring up boys for decades. each generation seems to present more threats than the last. in many ways, people's way of life has made masculine character traits difficult to live with. this article looks at the book, bringing up boys by james c. dobson which has some advice on raising boys.
All about: The mystery book club

All about: the mystery book club

The first book club was created by harry sherman who began the little leather library in 1961. while this club did not last, the book-of-the-month club, which sherman helped to found in 1926, did. it was the first of many book clubs that spread around the world. the mystery book club or the mystery and thriller book club is a uk club for mystery and thriller fans. this article details on the mystery book club.
Harvard Business Manager: Review and rate

Harvard business manager: review and rate

Harvard business review is well known in the business world among managers. the review presents business management case studies, books written by prominent and experienced business people and general topics of interest. the hbr has become a household name among upper management and is often a must-read for those managers of international companies who desire to move upward.
A biography of Arnold Bennett (1867-1931)

A biography of arnold bennett (1867-1931)

Arnold bennett was a great british novelist. with more than 70 works to his name, bennett became famous across the world. his legacy lives on today through his writings and is kept alive through the reading of his works. an omelette recipe by arnold bennett is included in this article.