## Facts

- The Supreme Court reviewed two consolidated capital cases challenging state pattern jury instructions defining “reasonable doubt.”
- In California, Alfred Arthur Sandoval was convicted of four first-degree murders arising from two related incidents and received a death sentence for one count; he argued the instruction’s references to “moral evidence” and “moral certainty” diluted the State’s burden.
- California’s instruction stated reasonable doubt is not a “mere possible doubt,” noted that human affairs allow “possible or imaginary doubt,” and required an “abiding conviction, to a moral certainty, of the truth of the charge” after considering all the evidence.
- In Nebraska, Clarence Victor was convicted of first-degree murder of an elderly woman and sentenced to death; he challenged language comparing reasonable doubt to hesitation in “graver and more important transactions of life” and the use of “moral certainty.”
- Nebraska’s instruction described reasonable doubt as one that would cause a reasonable person to “pause and hesitate,” required an “abiding conviction, to a moral certainty,” stated absolute certainty is not required, and allowed that jurors may be aware they “possibly” could be mistaken.
- The California and Nebraska supreme courts rejected the due process challenges and affirmed the convictions and sentences.

## Issues

1. Whether the challenged reasonable-doubt instructions violated due process by creating a reasonable likelihood that jurors convicted on less than proof beyond a reasonable doubt.
2. Whether the use of terms such as “moral certainty,” “moral evidence,” and analogies to serious life decisions rendered the instructions unconstitutional when considered in context.

## Decision

- The Court held that both instructions, read as a whole, correctly conveyed the concept of reasonable doubt.
- The Court applied the “reasonable likelihood” standard: the question is whether there is a reasonable likelihood the jury applied the instruction in an unconstitutional manner, not whether the instruction could be so applied.
- The Court concluded there was no reasonable likelihood that either jury understood the instructions to permit conviction on a standard lower than due process requires.
- The convictions and death sentences were affirmed.

## Legal Principles

- Due process requires the prosecution to prove every element of the charged offense beyond a reasonable doubt.
- The Constitution does not require any particular wording in a reasonable-doubt instruction so long as, taken as a whole, the charge correctly communicates the State’s burden.
- Review of ambiguous jury instructions turns on whether there is a reasonable likelihood the jury applied the instruction to allow conviction on less than proof beyond a reasonable doubt.
- “Moral certainty” language is not automatically unconstitutional; its validity depends on context, including whether it is tied to evaluation of the evidence and paired with the requirement of an “abiding conviction.”
- An instruction may explain that reasonable doubt is not the same as a merely possible or imaginary doubt and may clarify that absolute or mathematical certainty is not required, without lowering the burden of proof.

## Conclusion

The Court upheld California’s and Nebraska’s reasonable-doubt instructions, holding that although some phrasing was old-fashioned, the charges as a whole required jurors to base guilt on an abiding conviction grounded in the evidence and did not create a reasonable likelihood of conviction on less than proof beyond a reasonable doubt.


Victor v. Nebraska, 511 U.S. 1 (1994)