法学研究方法作业

法学研究方法作业

The Forgotten Dinner Guest:

The “Beyond a Reasonable Doubt”

Standard in a Motion for a Judgment

of Acquittal in a Federal Bench Trial

Jared Kneitelt

Abstract

In comparison to civil trials, criminal trials are decided on more stringentstandardsofproof However, motionsforjudgmentofacquittal in criminal non-jury trials are currently decided on a mere legal sufficiency standard as opposed to the “beyond a reasonable doubt” standard. This Article examines the lack ofreasoning and uniformity in deciding these motions as well as the potential dangers and injustices posed to a defendant by applying a lower standard. Through an examination of both domestic andforeign law, the author argues for the

application ofthe “beyond a reasonable doubt “standard when determining motions for judgment of acquittal in criminal non-jury trials.

Welcome to the Dinner Party: Introduction

The standard for judging a civil trial is lower than the standard for

judging guilt in a criminal trial, and there is no jury in a non-jury trial.

Somehow-despite these two very obvious conclusions-the nineteenth

century standard for determining a motion for a directed verdict in a civil

jury trial is still applied to our modem motion for a judgment of acquittal

in a criminal non-jury trial.

In a criminal trial, at the close of the government’s case-in-chief, the

defense may make a motion for a judgment of acquittal on one or more

offenses charged.’ If the motion is unsuccessful and the d efense calls

a case, the defense may make another motion for ajudgment of acquittal

at the close of its case.This Article concerns only the motion at

of the government’s case. At present, the motion will succeed only if the

government has not presented legally sufficient’ evidence of all the

elements of the particular offense or offenses.

This Article discusses why, in a non-jury trial, the “beyond a reasonable

doubt” standard should be applied-instead of merely the legal sufficiency standard-when the bench considers a motion for ajudgment

of acquittal. Not knowing whether the government has proven-in the

judge’s mind-the defendant’s guilt before inviting the defendant to call

a case actually militates against the presumption of innocence, the

assurance that the government discharges its burden, and the defendant’s

right to remain silent.

This Article shows that the jurisprudence in the United States improperly cites, for the standard for determining whether to