Introduction to Criminal Law
1. Reasonable Doubt
a. SCOTUS: Constitution does not require or prohibit jury instructions defining reasonable doubt.
i. If court chooses to define, Constitution does not require any particular form of words to be used so long as there is no reasonable likelihood that the definition, taken as a whole, would allow a conviction insufficient to meet the constitutional standard.
b. Types of Jury Instructions
i. “Moral Certainty”
1. Jurors cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
ii. “Firmly Convinced”
1. Firmly convinced of guilt to charge, find guilty. If real possibility they are not guilty, find not guilty.
iii. “No Waiver or Vacillation”
1. If belief of guilt waivers or vacillates, find not guilty.
iv. “No Real Doubt”
1. Proof so convincing that you would be willing to rely and act upon it without hesitation in the most important of your own affairs.
v. “Thoroughly Convinced”
1. “Are you thoroughly convinced?”
2. Presumption of Innocence
a. Owens v. State, Court of Special Appeals Maryland, 1992
i. Can conviction be based on circumstantial evidence alone?
ii. If the evidence shows a stronger inference for guilt than innocence, then that is sufficient.
3. Jury Nullification
a. Jury nullification is the “power” to ignore the law or facts and acquit the defendant, even if the prosecutor proves beyond a reasonable doubt every element of the offense charged.
b. The vast majority of courts refuse to instruct the jury on its “power” to nullify the law or allow defense counsel to make nullification arguments to the jury
1. Reasonable Doubt
a. SCOTUS: Constitution does not require or prohibit jury instructions defining reasonable doubt.
i. If court chooses to define, Constitution does not require any particular form of words to be used so long as there is no reasonable likelihood that the definition, taken as a whole, would allow a conviction insufficient to meet the constitutional standard.
b. Types of Jury Instructions
i. “Moral Certainty”
1. Jurors cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
ii. “Firmly Convinced”
1. Firmly convinced of guilt to charge, find guilty. If real possibility they are not guilty, find not guilty.
iii. “No Waiver or Vacillation”
1. If belief of guilt waivers or vacillates, find not guilty.
iv. “No Real Doubt”
1. Proof so convincing that you would be willing to rely and act upon it without hesitation in the most important of your own affairs.
v. “Thoroughly Convinced”
1. “Are you thoroughly convinced?”
2. Presumption of Innocence
a. Owens v. State, Court of Special Appeals Maryland, 1992
i. Can conviction be based on circumstantial evidence alone?
ii. If the evidence shows a stronger inference for guilt than innocence, then that is sufficient.
3. Jury Nullification
a. Jury nullification is the “power” to ignore the law or facts and acquit the defendant, even if the prosecutor proves beyond a reasonable doubt every element of the offense charged.
b. The vast majority of courts refuse to instruct the jury on its “power” to nullify the law or allow defense counsel to make nullification arguments to the jury
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