Libby Jury Doubts Its Doubt

On March 2, the 11 remaining jurors in the perjury trial of White House aide I. Lewis "Scooter" Libby had a question. They sent Judge Reggie Walton a note (see below) asking him to clarify the meaning of "reasonable doubt." At least one juror wondered whether the prosecution must present evidence proving "it is not humanly possible for someone not to recall an event" before the jurors could find Vice President Dick Cheney's former chief of staff guilty "beyond a reasonable doubt."

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Judge Walton sent back a note asking the jurors to clarify what they meant by "humanly possible."

The jurors may not know it, but a definition of "reasonable doubt" can be found on Pages 26-28 of the 127-page booklet of jury instructions that they received when deliberations began. (To read the three-page definition, click to Pages 2, 3, and 4.) The jury instructions are a little circular, though, as elucidations of this less-than-straightforward concept tend to be. They begin: "Reasonable doubt, as the name implies, is a doubt based on reason ... "

Thanks to www.TalkLeft.com for posting the jury's note, and to blogger Tom Maguire for posting the jury instructions.

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