header-logo header-logo

13 March 2026
Issue: 8153 / Categories: Legal News , In Court , Criminal
printer mail-detail

NLJ this week: How sure is ‘sure’? Juries split on proof threshold

244385
For decades, juries have been told to convict only if they are ‘sure’ of guilt. But what does that mean in practice? Writing in NLJ this week, Michael Zander KC, NLJ columnist and emeritus professor at LSE, argues the answer is alarmingly unclear

Drawing on two empirical studies—one linguistic, one numerical—Zander reveals striking inconsistency. In a recent survey, 76% chose ‘absolutely certain’ as the threshold for guilt, while 51% said ‘any doubt at all’ should lead to acquittal. His own earlier research found that around half of the public required 100% certainty before convicting, with ‘over three quarters’ demanding at least 90%. Even judges and barristers were divided.

The findings suggest juries are ‘all over the place’ in interpreting the criminal standard. Zander’s conclusion is pointed: an expert, cross-disciplinary committee should review whether clearer guidance is needed to prevent miscarriages rooted in misunderstanding.

Issue: 8153 / Categories: Legal News , In Court , Criminal
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll