In an effort to reduce the growing number of wrongful convictions, Houston Criminal Lawyer John Floyd calls for Texas Legislature to define Beyond a Reasonable Doubt.
Floyd's article, "What is Reasonable Doubt?," discusses the history of the definition of Beyond a Reasonable Doubt in United States' jurisprudence and its de-evolution in the State of Texas.
The U.S. Supreme Court has long held that, as a matter of due process, a person charged with a criminal offense can be found guilty only after the prosecution has proven every element of the crime beyond a reasonable doubt. However, the definition of "reasonable doubt" has been left to the States. Texas has taken this to mean that trial courts are not required to give a definition of "beyond a reasonable doubt" in jury instructions submitted in criminal cases says John Floyd.
"That's why we believe there is a definite link between Texas leading the nation in wrongful convictions and jurors not understanding the standard of proof beyond a reasonable doubt. The end result of this confusion is that too many jurors are opting for guilt over innocence when there is reasonable doubt. This obviously has led to jurors convicting defendants, in some cases, on the theory of 'where there is smoke there is fire,' rather than upon requirement that the Government prove its case with real proof beyond a reasonable doubt," says Floyd.
For the Firm's publications regarding this topic and other articles relevant to criminal law from a defense perspective visit http://www.johntfloyd.com/. For publications regarding other developments in criminal law from the perspective of a defense lawyer visit http://www.johntfloyd.com/comments.htm.
About the John T. Floyd Firm:
Houston Criminal Lawyer John Floyd is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Mr. Floyd has been rated as among the best and brightest attorneys practicing criminal law and has been recognized as one of Houston's Top Lawyers for the People (2008, 2009), Top Lawyers: Criminal Defense (2008, 2009,2010) and has earned a "Superb" rating, scoring 10/10, from AVVO. He has appeared on national television and radio programs as an expert on criminal law related issues and has been quoted in newspapers and other news outlets throughout the country.
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