Reasonable Doubt - By Jurisdiction - New Zealand

New Zealand

In New Zealand, jurors are typically told throughout a trial that the offence must be proved "beyond reasonable doubt", and judges usually include this in the summing-up. There is no absolute prescription as to how judges should explain reasonable doubt to juries. Judges usually tell jurors that they will be satisfied beyond reasonable doubt if they "feel sure" or "are sure" that the defendant is guilty. In line with appellate court direction, judges do little to elaborate on this or to explain what it means.

Research published in 1999 found that many jurors were uncertain what "beyond reasonable doubt" meant. "They generally thought in terms of percentages, and debated and disagreed with each other about the percentage certainty required for 'beyond reasonable doubt', variously interpreting it as 100 per cent, 95 per cent, 75 per cent and even 50 per cent. Occasionally this produced profound misunderstandings about the standard of proof."

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