Reasonable Doubt; Foundation of a Free Society
By: Houston Criminal Lawyer John Floyd and Mr. Billy Sinclair
Every one has heard of the phrase “proof beyond a reasonable doubt.” But there are three primary standards of proof: preponderance of evidence; clear and convincing evidence; and reasonable doubt. Black’s Law Dictionary (8th Ed. 1990) provides the definitions of each in order of importance:
Preponderance of the Evidence: the greater weight of evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.
Clear and convincing evidence: Evidence indicating that the thing to be proved is highly probable or probably certain. This is a greater burden than preponderance of the evidence, the standard applied in most civil trials, but less than evidence beyond a reasonable doubt, the normal in criminal trials.
Reasonable doubt: The doubt that prevents one from being firmly convinced of a defendant’s guilt, or the belief that there is a real possibility that the defendant is not guilty. ‘Beyond a reasonable doubt’ is the standard used by a jury to determine whether a criminal defendant is guilty. In determining whether guilt has been proved beyond a reasonable doubt, the jury must begin with the presumption that the defendant is innocent.
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