moral certainty

moral certainty

n. in a criminal trial, the reasonable belief (but falling short of absolute certainty) of the trier of the fact (jury or judge sitting without a jury) that the evidence shows the defendant is guilty. Moral certainty is another way of saying: "beyond a reasonable doubt." Since there is no exact measure of certainty it is always somewhat subjective and based on "reasonable" opinions of judge and/or jury. (See: verdict, beyond a reasonable doubt)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.