Washington and Lee Law Review Volume 76 Issue 4 Article 4 Fall 1-6-2020 Reasonable Doubt and Relativity Michael D. Cicchini Cicchini Law Office, CLL ,
[email protected] Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Constitutional Law Commons, Criminal Law Commons, and the Criminal Procedure Commons Recommended Citation Michael D. Cicchini, Reasonable Doubt and Relativity, 76 Wash. & Lee L. Rev. 1443 (2019), https://scholarlycommons.law.wlu.edu/wlulr/vol76/iss4/4 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact
[email protected]. Reasonable Doubt and Relativity Michael D. Cicchini* Abstract In theory, the Constitution protects us against criminal conviction unless the state can prove guilt beyond a reasonable doubt. In reality, this lofty standard is only as strong as the words used to explain it to the jury. Unfortunately, attempts to explain reasonable doubt often create confusion, and sometimes even diminish the burden of proof. Many courts therefore believe that the better practice is not to attempt a definition. However, empirical studies demonstrate that reasonable doubt is not self-defining, i.e., when it is not explained to the jury, it offers defendants no greater protection against conviction than the two lower, civil burdens of proof. To solve this dilemma, courts should explain reasonable doubt on a relative basis, within the context of the civil burdens of proof.