Is a guilty verdict rendered by a jury that applied a less demanding standard than proof beyond a reasonable doubt nullity?
MultiRegion, United States of America
The following excerpt is from Chalmers v. Mitchell, 73 F.3d 1262 (2nd Cir. 1996):
A guilty verdict rendered by a jury that applied a standard less demanding than "proof beyond a reasonable doubt" is a nullity. Sullivan v. Louisiana, 508 U.S. 275, ---- - ----, 113 S.Ct. 2078, 2081-82, 124 L.Ed.2d 182 (1993). Because being judged by any lesser standard would violate a defendant's due process rights, a guilty verdict reached by application of a standard less than proof beyond a reasonable doubt must be overturned. Winship, 397 U.S. at 364, 90 S.Ct. at 1072-73.
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