Reasonable Doubts, Unpopular Verdicts

Unless you have avoided reading a newspaper or watching the television this week you are aware that the jury in the Casey Anthony case returned a verdict of "not guilty".  This has been difficult for many people to understand so it seemed like a perfect time to discuss reasonable doubt and how a jury, even in light of many unfavorable facts, could find Casey Anthony not guilty.

Jury Instructions

     In criminal cases juries are read various instructions both before opening arguments and after closing arguments which define many of the legal terms and standards that they are required to apply to a case.  This is often an incredibly boring part of the trial but it is also one of the most important.  The Judge will explain to the jury all the elements in each of the charges alleged, the definition of reasonable doubt, presumptions that are to be made, how to assess the credibility of witnesses,  and various other instructions.

What is reasonable doubt?

     New York defines reasonable doubt as follows:

          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. It is an actual doubt, not an imaginary doubt. 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.

         Proof of guilt beyond a reasonable doubt is proof that leaves you so firmly convinced of the defendant's guilt that you have no reasonable doubt of the existence of any element of the crime or of the defendant's identity as the person who committed the crime

     Jurors must find that the prosecution has proven each and every element of the crimes alleged beyond a reasonable doubt.  It is a very heavy burden and a burden that never shifts to the defense.  The defense is not required to prove anything.  The credibility of each witness must be evaluated and if a witness lies about any part of their testimony, the jurors are instructed that they may disregard all or part of that witness's statement.  Remember, the defendant is presumed innocent and has to be PROVEN guilty.

Jury Deliberations

    After jurors have heard all the evidence, have listened to closing arguments, and have been read all relevant instructions on the law, they are sent into a room to deliberate.  Juror deliberations are done in secret so as to prevent any outside factors from influencing their decision.  A verdict must be unanimous and after a verdict is reached it is up to the jurors, and only the jurors, to decide whether or not to discuss with anyone how deliberations took place- even the lawyers in the case are not allowed to reach out to jurors to discuss their deliberations (even if it would impact a possible appeal).

     We want jurors to base their decisions on the evidence, not on the media, not on fear of persecution from the public and talking heads.  Since the inception of our judicial system there has been case law and legislative action implementing rules of evidence and factors of admissibility for a reason- a defendant is entitled to a fair and impartial jury.  The worst thing that could happen to our judicial system is for an individual, any individual, to be denied that right when their life hangs in the balance.  Justice does not always result in a popular verdict, but we still need to respect the system, the jurors, the attorneys, and the families of those involved.  The day we begin to disrespect our system and the rules of evidence is the day all our our rights, not just those accused, are placed in to jeopardy.   That's a very scary thought.