The Forgotten Dinner Guest:
The "Beyond a Reasonable Doubt"
Standard in a Motion for a Judgment
of Acquittal in a Federal Bench Trial
Jared Kneitelt
Abstract
In comparison to civil trials, criminal trials are decided on more stringentstandardsofproof Howww.bsmz.netoore's Federal Practice states,
"Rule 29 has no real application www.bsmz.netagallon-Jimenez, 32 United States v. Carter,"
and UnitedStates v. Stubler34-none ofwww.bsmz.netotion for Acquittal" in Prosecutor v. Kunara78 for
support.
Howww.bsmz.netotion to Dismiss Charges" in Prosecutor v.
Tadid," the Trial Chamber's "Order on the Motions to Dismiss the
Indictment at the Close of the Prosecutor's Case" in Prosecutor v.
Delali6," the Trial Chamber's "Decision of Trial Chamber I on the
Defence Motion to Dismiss" in Prosecutor v. Blaikid," and the Trial
Chamber's "Decision on Motion for www.bsmz.netber in Blakd.www.bsmz.netined the practice in five domestic jurisdictions-
England and www.bsmz.nete
support for Kordid's proposition. Howww.bsmz.netental misunderstanding of howww.bsmz.netplicitly prefers-in
attempts to avoid the twww.bsmz.netent of Acquittal,
Nonjury Trial"
To remedy the problems previously discussed, the author proposes
the followww.bsmz.netotion, there www.bsmz.netent bears the burden of
proving the defendant guilty beyond a reasonable doubt, and if the
government cannot do so on its own evidence, the defendant must be not
guilty.
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