Changing Language, Unchanging Standard: From 'Satisfied Conscience' To 'Moral Certainty' And 'Beyond Reasonable Doubt'

Authors

• Barbara Shapiro, University of California at Berkeley

Abstract

The article explores the historical evolution of the "beyond reasonable doubt" standard in Anglo-American law, tracing its roots to earlier concepts such as "satisfied conscience" and "moral certainty." These ideas, influenced by Christian casuistry and Enlightenment thought, were integral to the development of legal evidence standards. The standard became a cornerstone of criminal jurisprudence, reflecting a shift from religious to secular language while maintaining a high threshold for conviction.

Disciplines

Constitutional Law | Courts | Evidence | Jurisprudence | Law

Recommended Citation

Barbara Shapiro, Changing Language, Unchanging Standard: From 'Satisfied Conscience' To 'Moral Certainty' And 'Beyond Reasonable Doubt', 17 Cardozo J. Int'l & Comp. L. 261 (2009).
Available at: https://larc.cardozo.yu.edu/cjicl/vol17/iss2/2