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Defense's Opening Statement / 39
Be the Jury
Now listen to the evidence and search for the truth. Remember that even though Hiss has been charged with perjury, he is still presumed to be innocent. The prosecutor does not have to prove Hiss guilty beyond all possibility of a doubt, but the prosecutor must establish his guilt beyond a reasonable doubt. The defense does not have to prove his innocence. The defense only needs to point out flaws in incriminating evidence to convince the jury that guilt was not proved.
What is a reasonable doubt? A doubt for which some reason can be given. It must come from the evidence or from the lack of evidence. It cannot come from the fact that there are other solutions to the crime that are believable. A doubt cannot be based on a guess or thought unrelated to the evidence. A doubt cannot be based on sympathy for Hiss or a belief that his acts should not be illegal, or from the jury's wish to avoid the disagreeable job of convicting him.
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