In UK law, moral certainty refers to a high level of confidence or conviction in the correctness of a decision or judgement based on moral principles. It is often invoked in legal reasoning to justify actions or interpretations of the law that are deemed to be morally justifiable or consistent with ethical standards. However, moral certainty is subjective and may vary depending on individual perspectives and cultural norms. In legal proceedings, while moral certainty may influence judgements and decisions, it is ultimately the application of legal principles, statutes, and precedents that determine outcomes. Therefore, while moral considerations may inform legal reasoning, they do not necessarily dictate legal conclusions in the UK legal system.
n. in a criminal trial, the reasonable belief (but falling short of absolute certainty) of the trier of the fact (jury or judge sitting without a jury) that the evidence shows the defendant is guilty. Moral certainty is another way of saying “beyond a reasonable doubt.” Since there is no exact measure of certainty it is always somewhat subjective and based on “reasonable” opinions of judge and/or jury.
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This glossary post was last updated: 29th March 2024.
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