Also known as: in dubio pro reo · in doubt
Written by attorneys · grounded in primary & secondary sources — see below
A state of uncertainty regarding the validity of asserted legal authority. Submission while in this state completes custody under applicable rules of confinement.
Select any source to read its text and confirm it supports the definition.
Isaac Irving is approached by an officer who asserts authority to detain him for questioning. Isaac doubts whether the asserted authority is valid but submits without resistance. The custody is complete because Isaac submitted while in doubt as to validity.
Imani Idowu faces juvenile delinquency charges. The court requires proof beyond a reasonable doubt before finding her responsible. Because the evidence leaves room for doubt about her conduct, the court acquits rather than imposing liability.
Ike Ingram seeks university funding for a student publication. Administrators express doubt whether the content qualifies under viewpoint-neutral rules. The doubt leads to denial of funds pending further review of eligibility criteria.
India Inoue and her partner face prosecution under a state interracial marriage ban. They doubt the constitutionality of the prohibition yet proceed with their plans. The doubt is resolved when the ban is invalidated.
Ibrahim Iqbal is charged with a serious offense. The state expresses doubt whether the Sixth Amendment requires a jury trial in this context. The doubt is resolved by recognizing the right to jury trial for such offenses.
Isla Ireland is tried for homicide. The defense raises doubt about her sanity at the time of the act. The doubt requires the prosecution to prove sanity beyond a reasonable doubt to obtain a conviction.
Custody is complete when the person against whom authority is asserted is in doubt as to its validity yet submits to it. The submission while in doubt satisfies the requirement for confinement.
Supporting sources
In dubio captures the uncertainty that triggers the requirement of proof beyond a reasonable doubt before depriving a person of liberty. The state must eliminate that doubt to obtain a conviction.
Supporting sources
…by justices of the peace under the Marian statutes. More importantly, however, even if the statutory rule in 1791 were in doubt, the numerous early state-court decisions make abundantly clear that the Sixth Amendment incorporated the common-law right of confrontation and not any exceptions the Marian statutes…