I like this story to explain reasonable doubt. (From Sam Leith’s wonderful “You talkin to me?“)
“A man is in the dock, accused of murdering his wife. Although the body was never recovered, all the evidence points to the defendant: his car boot was filled with baling twine, bloodstained hammers, torn items of his wife’s clothing and suchlike. He had abundant motive – as the cashing in of a huge insurance policy taken out on the eve of his wife’s death demonstrates. And no sooner was his wife reported missing than he was holidaying in the Maldives with his pneumatically enhanced twenty-three-year-old mistress, his Facebook page filled with photographs of him in a pair of Speedos and a snorkel, grinning his murderous head off.
Nevertheless, his lawyer at trial pulls off a remarkable coup de théâtre.
‘Ladies and gentlemen of the jury,’ he says. ‘The prosecution has presented you with a mountain of evidence that tends to show that my client is guilty of the crime with which he has been charged. But that evidence means nothing. For not only is my client not guilty of his wife’s murder, but no murder has in fact taken place. My client’s wife is alive and well. And I can prove it. It is now five minutes to midday. At precisely midday, ladies and gentlemen of the jury, those doors over there will open –’ he indicates the main doors into the courtroom with a flourishing sweep of the arm – ‘and my client’s wife will walk through them into the court.’
Gasps, naturally, go all round. For the next five minutes, the eyes of the presiding judge, the jury and every functionary of the court are glued to the main doors. Eventually, the heavy hands of the courtroom clock tick round to midday and a solemn bong is heard. The doors remain tight shut.
‘Well?’ says the judge. ‘Your promised miracle has not materialised.’
‘Indeed not,’ replies the defending barrister. ‘But every single one of you was watching those doors in the expectation that it would. In the absence of a body, that is surely an object demonstration that there remains a reasonable doubt over my client’s responsibility for his wife’s disappearance.’
‘Very good,’ says the judge. ‘However, I ask the jury to note that the only person in the courtroom not watching the doors was your client.’”