The benefit of the doubt
Do you like legal drama series? They are popular because people enjoy watching how the detectives solve the crime mysteries, the debates between the lawyers in the courtrooms, and the tension between law and justice. It is from these exciting courtroom scenes that you have learned some legal terms including“the benefit of the doubt”（疑點利益）.
By giving a defendant the benefit of the doubt, this means that when the evidence against the defendant is conflicting, the court should assume the person innocent and give him or her a verdict of“not guilty”.
The principle of giving the defendant the benefit of the doubt is also adopted by Hong Kong's judicial system, as mentioned in a press release issued by the government in 2016.
“… the court adheres to the principles of ‘beyond reasonable doubt’ and ‘the benefit of doubt should go to defendants’ while handling criminal cases, ….”
The origin of this phrase is unclear, though it was already used in the courts in Britain and the USA in the 19th century. Some scholars think that this phrase is related to another term“reasonable doubt”, which was used in law as early as 1718 in Britain.
Nowadays, the phrase can be used in settings other than courtrooms. This may mean that we choose to believe someone because we are not sure whether they are telling the truth.
Sue was accused of cheating in the exam. The principal gave her the benefit of the doubt (疑點利益) because he could not find any strong evidence.
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Legal |
法律 |
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Tension |
張力 |
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Justice |
正義 |
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Evidence |
證據 |
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Innocent |
無罪 |
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Verdict |
判決 |
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Judicial system |
司法制度 |
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Reasonable doubt |
合理疑點 |
