The Texas Tech University School of Law Digital Repository

Taking Reasonable Doubt Seriously

Show full item record

Preview:
Title: Taking Reasonable Doubt Seriously
Author: Loewy, Arnold H.
Abstract: In recent years, we have discovered a spate of factual innocent people who have been convicted. In this article, Professor Loewy contends that the failure of juries to take reasonable doubt seriously contributes to this phenomenon. Professor Loewy via an illustrative fictitious case explains that juries might be reluctant to give the defendant the benefit of a reasonable doubt because of their concern about putting dangerous criminals back on the street. He then asks whether we really want juries to take reasonable doubt seriously. Concluding that we do, he examines how we can do that. Loewy concludes that the best way to that is with a jury instruction that sharply distinguishes proof beyond a reasonable doubt from clear and convincing evidence. Only if the jury really understands that dichotomy is it likely to understand that it cannot convict merely on clear and convincing evidence. The article suggests an instruction that would accomplish this purpose. The author concludes that while this instruction is not constitutionally mandated, it is constitutionally permissible and should be adopted.
URI: http://hdl.handle.net/10601/1335
Related Resources: Click to follow Westlaw link Click to follow SSRN link
Date: 2010

Files in this item

Files Size Format View
Taking Reasonab ... iously 85ChiKentLRev63.pdf 681.4Kb PDF View/Open

This item appears in the following Collection(s)

Show full item record

Search ScHOLAR

Browse

My Account