When an Offense is Not an Offense: Rethinking the Supreme Court's Reasonable Doubt Jurisprudence

Abstract

INTRODUCTION|Few legal canons are as well known to the general public as the requirement that the prosecution prove the culpability of the accused beyond a reasonable doubt. The popularity of the doctrine is such that movies, books, record albums, and even a radio show have been named in its honor. Although the roots of the doctrine can be traced back to the formative years of our Nation, the Supreme Court of the United States crystallized it as binding precedent in the landmark decision of In re Winship thirty-eight years ago. Despite the fact that the Court has had various opportunities to flesh out the contours of the doctrine, the meaning and scope of the doctrine remain unclear...