What is the difference between the requirement of proof beyond a reasonable doubt and the test required by the Sixth Amendment?

California, United States of America


The following excerpt is from People v. Flood, 18 Cal.4th 470, 76 Cal.Rptr.2d 180, 957 P.2d 869 (Cal. 1998):

"It is self-evident, we think, that the Fifth Amendment requirement of proof beyond a reasonable doubt and the Sixth Amendment requirement of a jury verdict are interrelated. It would not satisfy the Sixth Amendment to have a jury determine that the defendant is probably guilty, and then leave it up to the judge to determine ... whether he is guilty beyond a reasonable doubt. In other words, the jury verdict required by the Sixth Amendment is a jury verdict of guilty beyond a reasonable doubt." (Sullivan v. Louisiana, supra, 508 U.S. at pp. 277-278, 113 S.Ct. 2078, italics in original.)

Other Questions


What is the test required by the Fourteenth Amendment for proof beyond a reasonable doubt? (California, United States of America)
Is there a reasonable likelihood that a jury would have understood the language of CALCRIM No. 370 to mean that motive is exempt from the rule requiring proof beyond a reasonable doubt? (California, United States of America)
Does the absence of lingering doubt from a recitation of evidence the defense offered in an attempt to raise reasonable doubt raise a reasonable doubt? (California, United States of America)
Does the requirement of proof of every element of a crime beyond a reasonable doubt apply to jury instructions in a state criminal trial? (California, United States of America)
Are instructions to the jury in a state criminal trial that omit the requirement of proof of every element of the crime beyond a reasonable doubt automatically reversible? (California, United States of America)
Are instructions to the jury in a state criminal trial that merely omit a proper description of the requirement of proof of every element of the crime beyond a reasonable doubt? (California, United States of America)
Is a defendant entitled to an instruction on the requirement of proof beyond a reasonable doubt? (California, United States of America)
What is the impact of the Sixth Amendment violation beyond a reasonable doubt? (California, United States of America)
What is the current state of the law on the requirement of proof beyond a reasonable doubt in a civil case? (California, United States of America)
Is the death penalty unconstitutional for failing to require proof beyond a reasonable doubt? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.