Cite as: 511 U. S. 1 (1994)
Opinion of Ginsburg, J.
have reached a point of hesitation, or should they simply hesitate, then ask themselves whether, in their own private matters, they would resolve the doubt in favor of action, and, if so, continue on to convict?" Beyond "Reasonable Doubt," 68 N. Y. U. L. Rev. 201, 204 (1994) (James Madison Lecture, delivered at New York University Law School, Nov. 9, 1993).
Even less enlightening than the "hesitate to act" formulation is the passage of the Victor instruction counseling: "[The jury] may find an accused guilty upon the strong probabilities of the case, provided such probabilities are strong enough to exclude any doubt of his guilt that is reasonable." App. in No. 92-8894, p. 11. If the italicized words save this part of the instruction from understating the prosecution's burden of proof, see ante, at 22, they do so with uninstructive circularity. Jury comprehension is scarcely advanced when a court "defines" reasonable doubt as "doubt . . . that is reasonable."
These and similar difficulties have led some courts to question the efficacy of any reasonable doubt instruction. At least two of the Federal Courts of Appeals have admonished their District Judges not to attempt a definition.* This Court, too, has suggested on occasion that prevailing definitions of "reasonable doubt" afford no real aid. See, e. g., Holland v. United States, 348 U. S. 121, 140 (1954) (" '[a]t-tempts to explain the term "reasonable doubt" do not usually result in making it any clearer to the minds of the jury' "),
*See, e. g., United States v. Adkins, 937 F. 2d 947, 950 (CA4 1991) ("This circuit has repeatedly warned against giving the jury definitions of reasonable doubt, because definitions tend to impermissibly lessen the burden of proof. . . . The only exception to our categorical disdain for definition is when the jury specifically requests it."); United States v. Hall, 854 F. 2d 1036, 1039 (CA7 1988) (upholding District Court's refusal to provide definition, despite jury's request, because "at best, definitions of reasonable doubt are unhelpful to a jury . . . . An attempt to define reasonable doubt presents a risk without any real benefit.").
25
Page: Index Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: October 4, 2007