Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Henrietta
I wasn't being selective, I just chose the first paragraph. I was going to post whole thing but thought better of it.

If you keep reading they give a jury instruction in CA that was held to be constitutional. I posted the full wording above. I think the introduction sentence as follows

Reasonable doubt is defined as follows: It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt.

Might not be exactly what some expect.

136 posted on 07/25/2002 9:54:06 AM PDT by VRWC_minion
[ Post Reply | Private Reply | To 130 | View Replies ]


To: VRWC_minion
Here's what the article says:
"California defended the use of the moral-certainty language as a "commonsense and natural" phrase that conveys an "extraordinarily high degree of certainty." The Court's vote today was unanimous in the California portion of the decision, Sandoval v. California, No. 92-9049, which upheld a man's conviction for four murders over two weeks in 1984."

The court upheld the use of the "moral certainty" language, even while suggesting language that might be less confusing. See my post above for this.

The "moral certainty" language upheld by the Court is the language that I've posted before in several threads (I you all get sick of me posting, tell me and I will stop) in the LaFave hornbook.

149 posted on 07/25/2002 10:04:24 AM PDT by Henrietta
[ Post Reply | Private Reply | To 136 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson