Doubt
Pronunciation: dout
DOUBT. The uncertainty which exists in relation to a fact, a proposition, or
other thing; or it is an equipoise of the mind arising from an equality of
contrary reasons. Ayl. Pand. 121.
2. The embarrassing position of a judge is that of being in doubt, and
it is frequently the lot of the wisest and most enlightened to be in this
condition, those who have little or no experience usually find no difficulty
in deciding the most, problematical questions.
3. Some rules, not always infallible, have been adopted in doubtful
cases, in order to arrive at the truth. 1. In civil cases, the doubt ought
to operate against him, who having it in his power to prove facts to remove
the doubt, has neglected to do so. In cases of fraud when there is a doubt,
the presumption of innocence (q.v.) ought to remove it. 2. In criminal
cases, whenever a reasonable doubt exists as to the guilt of the accused
that doubt ought to operate in his favor. In such cases, particularly, when
the liberty, honor or life of an individual is at stake, the evidence to
convict ought to be clear, and devoid of all reasonable doubt. See Best on
Pres. Sec. 195; Wils. on Cir. Ev. 26; Theory of Presumptive Proof, 64; 33
How. St. Tr. 506; Burnett, Cr. Law of Scotl. 522; 1 Greenl. Ev. Sec. 1
D'Aguesseau, Oeuvres, vol. xiii. p. 242; Domat, liv. 3, tit. 6.
4. No judge is presumed to have any doubt on a question of law, and he
cannot therefore refuse to give a judgment on that account. 9 M. R. 355;
Merlin, Repert. h.t.; Ayliffe's Pand. b. 2, t. 17; Dig. lib. 34, t. 5;
Code, lib. 6, t. 38. Indeed, in some countries; in China, for example,
ignorance of the law in a judge is punishable with blows. Penal Laws of
China, B. 2, s. 61.
Humism,
Pyrrhonism,
agnosticism,
agonize over,
all-overs,
anxiety,
apprehension,
apprehensiveness,
awake a doubt,
be at sea,
be diffident,
be doubtful,
be dubious,
be possessive,
be skeptical,
be uncertain,
beat about,
call in question,
challenge,
concern,
confutability,
contest,
contestability,
controvertibility,
deniability,
diffidence,
disbelief,
disbelieve,
discredit,
disputability,
dispute,
disquiet,
distrustfulness,
doubtful,
doubtfulness,
dubiety,
dubiousness,
dubitancy,
fear,
feel unsure,
flounder,
fluctuate,
foreboding,
greet with skepticism,
grope,
half believe,
half-belief,
harbor suspicions,
have reservations,
hesitate,
in doubt,
incertitude,
irresolution,
leeriness,
misdoubt,
misgive,
misgiving,
mistrustfulness,
puzzle over,
qualm,
qualmishness,
query,
questionableness,
raise a question,
refutability,
reservations,
scepticism,
scoff,
scoffing,
scrupulousness,
self-doubt,
shadow of doubt,
skepticalness,
smell a rat,
suspiciousness,
thrash about,
throw doubt upon,
total skepticism,
treat with reserve,
vacillate,
wariness,
waver,
wonder,
wonder whether,
worry