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ARTICLE · 15 DECEMBER 2020

Beyond reasonable doubt and the rush to judgement

Author is fearful that the eagerness to punish & judge will lead to an undermining of fundamental features of our system of law.

AustraliaCriminal Law

In the past when our community was less secular and strong Christian values were more universally and widely held, it was not uncommon that jurors would be reluctant to or refuse to sit in judgement of another person. This was a strict application of the 'judge not, lest ye be judged' principle.

Such views were commonplace over the centuries in which our system of criminal law developed. The views were so commonplace that they lead to difficulty in securing verdicts and lead directly to the development of one of the cornerstone principles of our system. That proof beyond reasonable doubt is required. Today we understand that principle as one that protects the accused person.

In his book 'The Origins of Reasonable Doubt', American scholar James Whitman traces the origin of the principle through Christian tradition and common law history.

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