Definition of Doubt Benefit
Miscellanea / / July 04, 2021
By Javier Navarro, on Sep. 2018
Is expression it is used both in everyday language and in the legal context. In both cases, it expresses a general idea: that when you suspect that someone may behave improperly, it is preferable not to prejudge them beforehand.
In other words, we give someone the benefit of the doubt when we don't want to think wrong about him in advance and decided to give him a margin from confidence. East approach expresses an ethical valuation, since it is unfair to prejudge others based on assumptions or personal prejudices.
An example that illustrates in what context this expression can be used
Let's imagine that we receive a visit from a neighbor we hardly know who asks us for a small amount of money to attend to an emergency. Initially, we might think that it is not wise to lend him the money, since we only know him by sight and it is risky to trust someone with whom we have no personal relationship.
Despite the risk we take, we decided to lend him the money so that he can solve his problem. With this way of acting, we are granting or granting the neighbor the benefit of the doubt, since the initial suspicions towards him do not go against him. We have suspicions or doubts about the return of the money, but we decide to trust that person.
Our generous and confident action is very likely to be based on an appraisal. moral universal: we must act with others as we would like to be acted with us.
From a legal point of view
If a person is tried for a crime and there is no conclusive evidence linking him to the criminal action, the judge he can acquit you for lack of evidence. In this case, the alleged offender is acquitted for the benefit of the doubt. Thus, it is possible that the judge has the conviction personal that an individual is guilty, but if there is no definitive evidence incriminating him, it is necessary that he be declared acquitted. Therefore, someone may be the true culprit of a crime, but still get acquitted.
The benefit of the doubt is directly related to the right to the presumption of innocence (the alleged offender is innocent until proven guilty).
It is worth remembering that in criminal law another principle very similar to the one we analyzed also applies: in dubio pro reo (if there are doubts about a criminal action, the court must act in favor of the accused and never in his against).
Photo: Fotolia - tuk69tuk
Issues in Benefit of Doubt