"Beyond a reasonable doubt" makes it too hard to convict a killer. Why? Because people are such amazing liars. If you tell a lie
convincingly enough, you can induce a tiny degree of reasonable doubt. The Casey Anthony trial is a case in point. Casey Anthony was caught over and over in lie after lie, but still her attorney Jose Baez
convinced a jury that there was not enough evidence to convict.
This week, we finally saw the real Casey Anthony, hidden for six weeks behind a stone-cold, sullen-faced, pouting woman, hair pulled back into a bun, the facade staunchly maintained, as coached by a wily defense team.
With three acquittals and a get-out-of-jail pass, the real Casey emerged, flashing eyes aimed playfully at adoring well-wishers as she stroked her long-flowing hair. Is this a grieving mother?
No, this is the persona of a deeply disturbed young woman who, thanks to a compassionate jury who followed the law and intent of our Constitution, beat a rap through her repeated lying.
Levi Aron―The Brooklyn Butcher―who is accused of murdering and then dismembering eight-year-old Leiby Kletzky is
now hearing voices...sure he is. The voices are telling him to plead insanity. Will a jury believe this story? Maybe they will and maybe they won't but the defense attorney will bring "psychological experts" who will testify under oath that in their professional opinion this man is clinically insane... At that moment―even though the prosecution will have their own expert witness with a contradictory diagnosis―
reasonable doubt will be introduced. All that remains for the defense attorney to do, is
convince the jury that the defendant might
just possibly have been insane at the moment of the crime.
Polygraph examinations are not allowed to be introduced as evidence, because they have not been proven to be one-hundred percent accurate, so we are only left with the physical and circumstantial evidence. The truth of guilt or innocence is known to only one person―or two if the accused really
is innocent. And even when overwhelming physical evidence is found, still a murderer can beat the rap by claiming to be insane.
If an enterprising defense attorney is doing his job, both in court and in front of the cameras, "beyond a reasonable doubt" usually proves to be an almost impossible standard for the prosecution to meet. The idea that
it is better for ten guilty men to go free than to convict one innocent man sounds noble and high-minded, yet such a liberal sentiment is almost certainly one of the main reasons why our country has such an incredibly high rate of crime.
I wanted to find out where the idea of
Beyond a Reasonable Doubt came from. It's reiterated over and over...so it must be in the
United States Constitution...
It turns out that there is no "beyond a reasonable doubt" clause in the U.S. Constitution. The Fifth Amendment of that Constitution contains the Due Process Clause: ...
nor be deprived of life, liberty, or property, without due process of law... but there is nothing about "Beyond a Reasonable Doubt." So I looked further. The principle of due process was supposedly created in a British document called the Magna Carta
Due process developed from clause 39 of the Magna Carta in England. When English and American law gradually diverged, due process was not upheld in England, but did become incorporated in the Constitution in the United States. In clause 39 of the Magna Carta, John of England promised as follows: "No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land."
The phrase:
Beyond a reasonable doubt is not found within the Magna Carta or the U.S. Constitution. Did the U.S. Supreme Court just invent this idea themselves?
In 1970, the Court held in Re Winship that the due process clauses of the Fifth and Fourteenth Amendments "[protect] the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged."
I failed completely in discovering how or where the Supreme Court actually derived their "Beyond a Reasonable Doubt" interpretation. James Q. Whitman―Ford Foundation Professor at Yale Law School, instructor of both criminal law and legal history, and holding both a law degree and a doctorate in history―has this to say:
The reasonable doubt formula seems mystifying today because we have lost sight of its original purpose. At its origins the rule was not intended to perform the function we ask it to perform today: It was not primarily intended to protect the accused. Instead, strange as it may sound, the reasonable doubt formula was originally concerned with protecting the souls of the jurors against damnation.
WTF? The only
fact I could glean from hours of research is that there is no Constitutional basis for demanding proof of guilt beyond a reasonable doubt. The Supreme Court took their interpretation of the Constitution not from the words of the Constitution itself, but from some possibly flawed or perhaps defective understanding of British Common Law. The worst part of "Beyond a Reasonable Doubt" is that so often it is understood by juries to mean "Beyond a Shadow of a Doubt." Certainly that is what the defense always seems to suggest in their so-deceptive closing summations.
Casey Anthony―a murderer as certainly guilty as O.J. Simpson is certainly guilty―walks free today because in 1970 the Supreme Court manufactured a Fifth Amendment protection for the accused that apparently
never really existed. The Supreme Court decided that this protection
should have been guaranteed by the Constitution. Then they said it
did guarantee it. They lied. This lie created a protection that exists to enable liars to defend other liars. I think that this is what is known as
irony.