JUSTICE BUILDING BLOG

WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Wednesday, April 01, 2026

COURT POSED TO STRIKE DOWN PROOF BEYOND REASONABLE DOUBT!

 A "source" shared this draft opinion poised to be released, possibly TODAY. It's a day we never thought we would see: your favourite appellate court striking down the proof beyond a reasonable doubt requirement in all criminal cases! 

In a 2-1 decision (and you pretty much know who is dissenting...)  that effectively sets fire to every law school criminal procedure textbook, the court has ruled that the "Proof Beyond a Reasonable Doubt" standard is—and I’m quoting here—"an antiquated burden that fails to meet the logistical demands of a modern, high-volume judiciary."

The court’s reasoning is a masterpiece of judicial gymnastics. They’ve introduced a new standard: "Clear and Articulable Suspicion of Guilt" (CASG).
Writing for the majority, the court noted that the "Beyond a Reasonable Doubt" standard was "never intended to be a shield for the guilty, but rather a hurdle that has become increasingly impassable in an era of complex forensic evidence and distracted jurors." From now on, if the State can show a "significant likelihood" that the defendant was "involved in the general vicinity of the alleged unpleasantness," the burden shifts to the defense to prove innocence by a "preponderance of the evidence."

The "Golden Thread" of English Common Law hasn't just been cut; it’s been shredded and used for confetti.

We suppose it makes our upcoming retirement on June 30th look less like a departure and more like a daring escape from a sinking ship. Only today could we post something like this. We fool you not!