Victor v. Nebraska

*5Justice O’Connor

delivered the opinion of the Court.*

The government must prove beyond a reasonable doubt every element of a charged offense. In re Winship, 397 U. S. 358 (1970). Although this standard is an ancient and honored aspect of our criminal justice system, it defies easy explication. In these cases, we consider the constitutionality of two attempts to define “reasonable doubt.”

I

The beyond a reasonable doubt standard is a requirement of due process, but the Constitution neither prohibits trial courts from defining reasonable doubt nor requires them to do so as a matter of course. Cf.…