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NeCede's

Maxim 9.1.9

In criminal cases, the proofs ought to be clearer than light.

In criminalibus, probationes debent esse luce clariores.

Source: 3 Inst. 210; Jackson, No. 371 Difficulty 2/5 — Approachable

Explanation

Because the criminal proceeding puts life and liberty at hazard, the proof required is of the highest degree — clear, certain, and beyond reasonable doubt.

Where this applies

  • I'm facing criminal charges and the evidence against me is weak and circumstantial.
  • The prosecution's case relies on shaky evidence but they still want a conviction.
  • I could go to jail based on evidence that isn't even clear or convincing.

Legal domains

See also

Cite this maxim

NeCede Max. 9.1.9 — In criminal cases, the proofs ought to be clearer than light. — 3 Inst. 210; Jackson, No. 371 (In criminalibus, probationes debent esse luce clariores.)

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