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Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.
A hung jury is when the members of a jury are unable to reach a unanimous decision on whether or not the accused party is guilty beyond reasonable doubt. This occurs when there are opposing opinions among the jurors regarding the outcome of the case.
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
The standard of proof in a Canadian criminal trial is proof beyond a reasonable doubt. This means that the judge or jury must be satisfied beyond a reasonable doubt that the defendant is guilty. The Crown has the burden of proof.
Presumption of Innocence; Proof Beyond a Reasonable Doubt. It is a cardinal principle of our system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt.
When this happens, the court declares a mistrial, which is often referred to as a ?hung jury.? When a hung jury is the result in your case, what happens next? You would think since the prosecution could not prove you guilty, the charges should be dismissed. Unfortunately, that is not the law in California.
In order to convict the defendant, these elements of a crime must then be proven in a court of law beyond a reasonable doubt. Most crimes require that three essential elements be present: a criminal act (actus reus), criminal intent (mens rea), and a concurrence of the previous two elements.
(a) Sickness or physical disability. (b) Serious illness or death of a member of the juror's immediate family. (c) Undue hardship or extreme inconvenience. (d) Public necessity.