Defined Terms

Beyond any Doubt of Guilt  or Guilty beyond any doubt

Guilty beyond reasonable doubt explains the age long level of proof established over 250 years ago when gathering evidence was that:

        "It is better that ten guilty persons escape than that one innocent suffer".

Historically, the message that government and the courts must err on the side of innocence has remained constant.  Although Authoritarian personalities might take the opposite view.  Bismarck is believed to have stated that "it is better that ten guilty persons escape, than one innocent person suffer". 

250 years later, scope now often exists to Sentence an accused based on Guilty beyond any doubt, as opposed to Guilty beyond reasonable doubt, due to -

(a)    Forensic Evidence; and/or

(b)    CCTV And Photo Evidence; and or

(c)    multiple witness testimonies,


that enable 'removing any doubt of guilt'.

 

Hence, the argument against Capital Punishment for fear of executing an innocent man when a higher level of proof, namely Guilt beyond any doubt is now often attainable.

Below is an extract from journalist, article Itís time to bring back the death penalty in the Australia Spectator - 15 Jan 2019:

        "Rigorous precautions can ensure incorrect execution is all but impossible, with the death penalty available only in cases in which evidence is diverse and overwhelming. The accused must be convicted by a unanimous jury of their peers and their conviction open to repeated appeal.

"For the vast majority, capital punishment isn't motivated by lustful revenge, but by a desire to protect the gentle and kind amongst us, punish heinous criminals in just proportion to the severity of their crime, and dramatically reaffirm objective moral truth."

Below is an extract from Argument 5.  "Irrevocable Mistakes" in Top 10 Pro & Con Arguments  -  Capital Punishment:

"Those in support of abolishing the death penalty point to the possibility of an innocent person being executed... The innocent can take solace in knowing that a unanimous jury of 12 citizens must render the death verdict after an exhaustive trial where the accused murderer is represented by two highly competent attorneys and overseen by an independent judge who ensures a fair trial.

Wrongful convictions are rare and offset by lives saved.