Criminal Law-Standard of Proof
The standard of proof in a criminal case is what is referred to as proof beyond a reasonable doubt. Proof beyond a reasonable doubt is a higher standard than either preponderance of the evidence or the clear and convincing standard. Proof beyond a reasonable doubt does not mean that the jury has to be absolutely certain of the defendant’s guilt, but if a juror has a reasonable doubt as to whether the defendant is guilty then that juror should vote not guilty. Since a unanimous verdict is required in most jurisdictions in a criminal case, one juror with reasonable doubt can hang up a jury and prevent the government from getting a conviction. If the jury deliberations result in an eleven to one vote in favor of conviction (guilty), then typically the trial court will, on motion of the government, declare a mistrial and thereby allow the government to re-try the case.
