Drawing on two empirical studies—one linguistic, one numerical—Zander reveals striking inconsistency. In a recent survey, 76% chose ‘absolutely certain’ as the threshold for guilt, while 51% said ‘any doubt at all’ should lead to acquittal. His own earlier research found that around half of the public required 100% certainty before convicting, with ‘over three quarters’ demanding at least 90%. Even judges and barristers were divided.
The findings suggest juries are ‘all over the place’ in interpreting the criminal standard. Zander’s conclusion is pointed: an expert, cross-disciplinary committee should review whether clearer guidance is needed to prevent miscarriages rooted in misunderstanding.



