What is the test for reasonable doubt in a criminal case?
California, United States of America
The following excerpt is from People v. Samaniego, H035530 (Cal. App. 2011):
We disagree with appellant's characterization of the prosecutor's argument. Certainly, reasonable doubt may be based on an absence of evidence. (Johnson v. Louisiana (1972) 406 U.S. 356, 360 [Numerous cases have defined a reasonable doubt as one based on reason, which arises from the evidence or lack of evidence].) Nevertheless, the prosecutor's comment here advised the jury that if they tried but could not determine a
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