Moral Certainty

This expression has been introduced into our jurisprudence from the publicists and metaphysicians, and signifies only a very high degree of probability. 118 Mass. 23. That degree of certainty which will justify a jury in grounding on it their verdict. It is only probability; but it is called "certainty," because every sane man assents to it necessarily, from a habit produced by the necessity of acting. Nothing else but a strong presumption grounded on probable reasons, and which very seldom fails and deceives us. Puflendorff, Law Nat. bk. 1, c. 2, § 11. A reasonable and moral certainty; a certainty that convinces and directs the understanding, and satisfies the reason and judgment, of those who are bound to act conscientiously upon it. A certainty beyond a reasonable doubt. Shaw, C. J., Com. v. Webster, Bemis., Report of the trial, 469, 470. Such a certainty "as convinces beyond all reasonable doubt." Parke, B., Best, Pres. 257, note; 6 Rich. Eq. (S. C.) 217.

In the law of criminal evidence. That degree of assurance which induces a man of sound mind to act, without doubt, upon the conclusions to which it leads. Wills, Circ. Ev.
7. A certainty that convinces and directs the understanding and satisfies the reason and judgment of those who are bound to act conscientiously upon it. State v. Ore, 64 Mo. 339; Bradley v. State, 31 Ind. 492; Ross v. Montana Union Ry. Go. (C. O.) 45 Fed. 425; Pharr v. State, 10 Tex. App. 485; Territory v. McAndrews, 3 Mont. 158. A high degree of impression of the truth of a fact, falling short of absolute certainty, but sufficient to justify a verdict of guilty, even in a capital case. See Burrill, Circ. Ev. 198-200. The phrase "moral certainty" has been introduced into our jurisprudence from the publicists and metaphysicians, and signifies only a very high degree of probability. It was observed by Puf-fendorf that, "when we declare such a thing to be morally certain, because it has been confirmed by credible witnesses, this moral certitude is nothing else but a strong presumption grounded on probable reasons, and which very seldom fails and deceives us." "Probable evidence," says Bishop Butler, in the opening sentence of his Analogy, "is essentially distinguished from demonstrative by this: that it admits of degrees, and of all variety of them, from the highest moral certainty to the very lowest presumption." Com. v. Costley, 118 Mass. 23.

Defined under Moral in Black's Law Dictionary.

That degree of assurance which induces a man of sound mind to act, without doubt, upon the conclusions to which it leads. Moral consideration: the duty in morals to perform an obligation not legally enforceable, — a consideration sufficient to suppoi't an executed contract, and sufficient also to support a new promise by an infant who has become of age, a discharged bankrupt, etc.

In the law of criminal evidence, Thatdegree of assurance which induces a manof sound mind to act, without doubt, upon the conclusions to which it leads. Wills, Cire. Ev. 7. A certainty that convinces and directs the understanding and satisfies the reason and judgment of those who are bound to act conscientiously upon it, A high degree of impression of the truth of a fact, falling short of absolute certainty, but sufficient to justify a verdict of guilty, even in acapitail case. See Burrill, Cire. Ey. 198-200. The phrase “moral certainty” has been {ntroduced into our jurisprudence from the publicists dorf that, “when we declare such a thing to be morally certain, because it has been confirmed by credible witnesses, this moral certitude is nothing else butastrong presumption grounded on probable reasons, and which very seldom fails and decaivea us." “Probable evidence, ” says Bishop Butler, in the opening sentence of his Analogy, “ia esgentially distinguished from demonstrative by this: that it admits of degrees, and of all variety of them, from the highest moral certainty to the very low est presumption.” 115 Mass. 23,