In order to ensure that the state does not improperly force a suspect to speak, the law requires that before the Crown can make use in court of something the accused has said to a person in authority over him (a police investigator, a prison guard, and so on) the Crown must prove beyond a reasonable doubt
that the accused made the statement:
The State proved this aggravating factor beyond a reasonable doubt
Now, imagine a follow up question, "Is it medium rare beyond a reasonable doubt
?" How would you answer this question?
The phrase "proof beyond a reasonable doubt
" does not refer to an external standard of proof, but rather asks the juror to reflect on whether he has reached a subjective state of certainty about the defendant's guilt.
Justices Breyer and Souter in their dissenting opinion argued, however, that with respect to any federal crime the burden of persuading the jury beyond a reasonable doubt
of the absence of duress should lie with the prosecution, absent evidence of Congressional intent to the contrary.
At the end of the guilt phase, after the presentation of all the evidence, the jury chooses one of three possible verdicts: not guilty, guilty beyond a reasonable doubt
, or "guilty by proof beyond all doubt." (49) Not guilty, of course, means the defendant goes free.
The suspect overtly must have done an act or consciously omitted an act, and the act must be provable beyond a reasonable doubt
. MSBP remains difficult to prove because perpetrators generally do not make statements about the abuse.
I like David Kendall's comment that Ray might just as well have said that he had found insufficient evidence "from which a jury might infer beyond a reasonable doubt
that the Clintons had pilfered Powerball tickets, trapped fur-bearing mammals out of season, or sold nuclear secrets to Liechtenstein."
It is incredible that following a year-long investigation in which police concluded beyond a reasonable doubt
that Canadian soldiers had attempted to poison their commander during an operational mission, one which DND must have known would attract considerable attention from all Canadians, from the media, and especially from CF members, the decision not to charge the soldiers in civil or military court was based solely on oral legal advice.
And if there is no logical reason to believe that He exists, then it is beyond a reasonable doubt
that He does not exist.
The Crown, like in all criminal cases, must prove all the elements of the alleged offence beyond a reasonable doubt
Generally, the applicable fraudulent conveyance laws require "proof beyond a reasonable doubt
" that an entity was established to defraud creditors before a trust will be set aside.
Even if a defendant is proven to be guilty of an offense beyond a reasonable doubt
, the jury can still return a not-guilty verdict.
I think they have proven their case beyond a reasonable doubt
," says Philipp Gerhardt, a microbiologist from Michigan State University in East Lansing who studies bacterial spores.
358 (1970)), the Supreme Court held that due process requires that the prosecution establish the elements of a charged crime beyond a reasonable doubt