moral certainty


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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)

See: certitude
References in periodicals archive ?
88) So, he continues, "the presumption of factual innocence requires that defendants be acquitted unless it is shown to a moral certainty that they have in fact done what it is known that the people of the state mean to prohibit in law," and the rule of legality "requires that defendants be acquitted unless it is shown to a moral certainty that the people of the state mean to prohibit in law what it is known that the defendants in fact did.
Conclusion: Moral Certainty Stems from Moral Character.
What is required is not an absolute or mathematical certainty, but a moral certainty.
The suit says the Boy Scout groups acted with "reckless and outrageous indifference" by failing to warn parents about molestation risks despite knowing "to a moral certainty that such failures would reasonably lead to at least some number of other boys being sexually abused.
For Murphy, an authentic inquisition must consist of five elements: a bureaucratic machine, secret monitoring and surveillance, censorship, paranoia about an enemy operating secretly within, and, perhaps most important, moral certainty.
A battle of wills ensues between the pair as she tries to gather hard evidence beyond her own moral certainty (Cert 15, 2008)
Until I can be sure with moral certainty that no innocent man or woman is facing a lethal injection, no one will meet that fate," he said.
The health industry, we are told, is worth 2 trillion dollars annually, and the salesmen aim for a small slice of that, armed with the moral certainty that they contribute towards "a better world; that's why we're here".
Righteous moral certainty ready to taint the earth with blood
And then, into our midst, comes the moral certainty of the Pope.
Brint and Abrutyn's statistical analysis suggests that of these three, moral certainty may be the most important (II, pp.
We got all the familiar Blair mannerisms:The thumb and forefinger pressed together to underscore a point, the palms extended outwards to betoken moral certainty in the face of external pressure, even the occasional wry smile as when he claimed: AoI was never short of people challenging me.