jackson virginia argued march decided june petitioner convicted murder bench trial virginia motion petition state courts set aside conviction ground insufficient evidence premeditation necessary element murder denied brought habeas corpus proceeding federal district applying evidence criterion thompson louisville found record devoid evidence premeditation granted writ applying criterion appeals reversed holding evidence petitioner intended kill victim held federal habeas corpus must consider whether evidence support conviction whether sufficient evidence justify rational trier fact find guilt beyond reasonable doubt winship pp winship presupposes essential due process guaranteed fourteenth amendment person shall made suffer onus criminal conviction except upon sufficient proof defined evidence necessary convince trier fact beyond reasonable doubt existence every element offense pp winship critical inquiry review sufficiency evidence support criminal conviction must simply determine whether jury properly instructed reasonable doubt determine whether record evidence reasonably support finding guilt beyond reasonable doubt relevant question whether viewing evidence light favorable prosecution rational trier fact found essential elements crime beyond reasonable doubt thompson evidence rule simply inadequate protect misapplications constitutional standard reasonable doubt pp challenge state conviction brought requires federal entertain state prisoner claim held custody violation constitution laws treaties applicant entitled habeas corpus relief found upon evidence adduced trial rational trier fact found proof guilt beyond reasonable doubt pp review record case light favorable prosecution shows rational factfinder found petitioner guilty beyond reasonable doubt murder virginia law pp stewart delivered opinion brennan white marshall blackmun joined stevens filed opinion concurring judgment burger rehnquist joined post powell took part consideration decision case carolyn colville appointment argued cause pro hac vice filed briefs petitioner marshall coleman attorney general virginia argued cause respondents brief linwood wells assistant attorney general briefs amici curiae urging affirmance filed george deukmejian attorney general jack winkler chief assistant attorney general arnold overoye assistant attorney general eddie keller willard jones jane fischer deputy attorneys general state california arthur bolton attorney general robert stubbs ii executive assistant attorney general langham first assistant attorney general john walden senior assistant attorney general susan boleyn assistant attorney general state georgia frank kelley attorney general robert derengoski solicitor general thomas casey assistant attorney general state michigan respective theodore sendak attorney general david arthur deputy attorney general donald bogard indiana robert hansen attorney general utah edward biester attorney general pennsylvania paul douglas attorney general nebraska chauncey browning attorney general west virginia justice stewart delivered opinion constitution prohibits criminal conviction person except upon proof guilt beyond reasonable doubt winship question case standard applied federal habeas corpus proceeding claim made person convicted state upon insufficient evidence petitioner convicted bench trial circuit chesterfield county murder woman named mary houston cole virginia law murder defined unlawful killing another malice aforethought stapleton commonwealth premeditation specific intent kill distinguishes murder first murder second degree proof element essential conviction former offense burden proving clearly rests prosecution shiflett commonwealth jefferson commonwealth petitioner shot killed cole dispute trial state evidence established member staff local county jail befriended imprisoned disorderly conduct charge released arranged live home son testimony relatives indicated day killing petitioner drinking spent great deal time shooting targets revolver late afternoon according testimony unsuccessfully attempted talk victim driving north carolina drive petitioner local diner two observed several police officers testified petitioner victim drinking two observed deputy sheriff preparing leave diner car petitioner possession revolver sheriff also observed kitchen knife automobile sheriff testified offered keep revolver petitioner sobered latter indicated unnecessary since victim engage sexual activity body found secluded church parking lot day half later naked waist slacks beneath body uncontradicted medical expert evidence established shot twice close range petitioner gun appeared sexually molested six cartridge cases identified fired petitioner gun found near body shooting cole petitioner drove car north carolina short trip florida arrested several days later postarrest statement introduced evidence prosecution petitioner admitted shot victim contended however shooting accidental asked describe condition time shooting indicated drunk pretty high story victim attacked knife resisted sexual advances said defended firing number warning shots ground reloaded revolver victim said attempted take gun gun went ensuing struggle said fled without seeking help victim afraid trial position acted alternatively claimed event state evidence showed intoxicated form specific intent necessary virginia law sustain conviction murder first degree trial judge declaring convinced beyond reasonable doubt petitioner committed murder found guilty offense petitioner motion set aside judgment contrary evidence denied sentenced serve term years virginia state penitentiary petition writ error virginia ground evidence insufficient support conviction denied petitioner commenced habeas corpus proceeding district eastern district virginia raising basic claim applying evidence criterion thompson louisville district found record devoid evidence premeditation granted writ appeals fourth circuit reversed judgment noted dissent denial certiorari case exposed question whether constitutional rule winship might compel new criterion validity state criminal conviction must tested federal habeas corpus proceeding see freeman zahradnick dissent denial certiorari appellate held absence guidance apply evidence criterion thompson louisville district adopted view evidence petitioner intended kill victim found facts petitioner reloaded gun firing warning shots time victim shot twice also concluded state trial judge found petitioner intoxicated incapable premeditation granted certiorari consider petitioner claim winship supra federal habeas corpus must consider whether evidence support conviction whether sufficient evidence justify rational trier facts find guilt beyond reasonable doubt ii inquiry case narrow petitioner seriously questioned aspect virginia law governing allocation burden production persuasion murder trial see mullaney wilbur patterson new york record demonstrates judge sitting factfinder petitioner trial aware state bore burden establishing element premeditation stated applying standard appraisal state evidence petitioner moreover contest conclusion appeals evidence rule thompson louisville supra conviction murder sustainable attacked sufficiency evidence support conviction murder sole constitutional claim based squarely upon winship district appeals error recognizing question decided case whether rational factfinder concluded beyond reasonable doubt killing petitioner convicted premeditated question thus raised goes basic nature constitutional right recognized winship opinion iii first cases expressly consider question whether due process standard recognized winship constitutionally protects accused conviction except upon evidence sufficient fairly support conclusion every element crime established beyond reasonable doubt upon examination fundamental differences constitutional underpinnings thompson louisville supra winship supra answer question think clear axiomatic conviction upon charge made upon charge tried constitutes denial due process cole arkansas presnell georgia standards reflect broader premise never doubted constitutional system person incur loss liberty offense without notice meaningful opportunity defend hovey elliott cf boddie connecticut meaningful opportunity defend right trial presumes well total want evidence support charge conclude case favor accused accordingly held thompson case conviction based upon record wholly devoid relevant evidence crucial element offense charged constitutionally infirm see also vachon new hampshire adderley florida gregory chicago douglas buder evidence doctrine thompson louisville thus secures accused elemental due process rights freedom wholly arbitrary deprivation liberty thompson explicitly stated due process right issue concern question evidentiary sufficiency right established winship however clearly stands different footing winship involved adjudication juvenile delinquency made judge state statute providing prosecution must prove conduct charged delinquent winship criminal offense engaged adult preponderance evidence applying standard judge satisfied juvenile guilty noted result might well different standard proof beyond reasonable doubt short record winship totally devoid evidence guilt constitutional problem addressed winship thus distinct stark problem arbitrariness presented thompson louisville winship held first time due process clause fourteenth amendment protects defendant criminal case conviction except upon proof beyond reasonable doubt every fact necessary constitute crime charged holding emphasized proof beyond reasonable doubt traditionally regarded decisive difference criminal culpability civil liability see davis brinegar leland oregon wigmore evidence pp ed cf woodby ins standard proof beyond reasonable doubt said plays vital role american scheme criminal procedure operates give concrete substance presumption innocence ensure unjust convictions reduce risk factual error criminal proceeding time impressing upon factfinder need reach subjective state near certitude guilt accused standard symbolizes significance society attaches criminal sanction thus liberty harlan concurring constitutional standard recognized winship case expressly phrased one protects accused conviction except proof beyond reasonable doubt subsequent cases discussing standard never departed definition rule winship understanding central purposes serves see ivan city new york lego twomey mullaney wilbur patterson new york cool short winship presupposes essential due process guaranteed fourteenth amendment person shall made suffer onus criminal conviction except upon sufficient proof defined evidence necessary convince trier fact beyond reasonable doubt existence every element offense although several cases intimated factfinder application standard evidence may present federal question state conviction challenged lego twomey supra johnson louisiana federal courts appeals generally assumed long instruction given trial doctrine thompson louisville remains appropriate guide federal habeas corpus apply assessing state prisoner challenge conviction founded upon insufficient evidence see cunha brewer agree winship doctrine requires simply trial ritual doctrine establishing fundamental substantive constitutional standard must also require factfinder rationally apply standard facts evidence reasonable doubt minimum one based upon reason yet properly instructed jury may occasionally convict even said rational trier fact find guilt beyond reasonable doubt may said trial judge sitting jury federal trial occurrence traditionally deemed require reversal conviction glasser bronston see also curley app winship established proof beyond reasonable doubt essential fourteenth amendment due process follows conviction occurs state trial constitutionally stand federal duty assess historic facts called upon apply constitutional standard conviction obtained state example direct review conviction claim made involuntary confession used defendant reviews facts determine whether confession wrongly admitted evidence blackburn alabama cf drope missouri duty obtains federal habeas corpus proceedings see townsend sain brown allen opinion frankfurter winship critical inquiry review sufficiency evidence support criminal conviction must simply determine whether jury properly instructed determine whether record evidence reasonably support finding guilt beyond reasonable doubt inquiry require ask whether believes evidence trial established guilt beyond reasonable doubt woodby ins emphasis added instead relevant question whether viewing evidence light favorable prosecution rational trier fact found essential elements crime beyond reasonable doubt see johnson louisiana familiar standard gives full play responsibility trier fact fairly resolve conflicts testimony weigh evidence draw reasonable inferences basic facts ultimate facts defendant found guilty crime charged factfinder role weigher evidence preserved legal conclusion upon judicial review evidence considered light favorable prosecution criterion thus impinges upon jury discretion extent necessary guarantee fundamental protection due process law thompson evidence rule simply inadequate protect misapplications constitutional standard reasonable doubt readily apparent mere modicum evidence may satisfy evidence standard jacobellis ohio warren dissenting evidence relevant tendency make existence element crime slightly probable without evidence cf fed rule evid deemed mere modicum seriously argued modicum evidence rationally support conviction beyond reasonable doubt thompson doctrine simply fails supply workable even predictable standard determining whether due process command winship honored federal must entertain claim state prisoner held custody violation constitution laws treaties winship decision clear state prisoner alleges evidence support state conviction fairly characterized sufficient led rational trier fact find guilt beyond reasonable doubt stated federal constitutional claim thus assuming state remedies exhausted see independent adequate state ground stands bar see estelle williams francis henderson wainwright sykes fay noia follows claim cognizable federal habeas corpus proceeding respondents argued nonetheless challenge constitutional sufficiency evidence entertained federal district addition argument winship standard invites replication state criminal trials guise proceedings argument simply fails recognize courts regularly gauge sufficiency evidence without intruding legitimate domain trier fact respondents urged departure thompson test federal habeas corpus proceedings expand number meritless claims brought federal courts duplicate work state appellate courts disserve societal interest finality state criminal proceedings increase friction federal state judiciaries sum counsel state urges type constitutional claim deemed fall within limit federal habeas corpus jurisdiction identified stone powell respect fourth amendment claims disagree first burden likely follow acceptance winship standard think exaggerated challenges evidentiary support state convictions since thompson dealt freeman stone grieco meachum williams peyton stringent standard expand contours type claim create entirely new class cases cognizable federal habeas corpus furthermore meritorious challenges constitutional sufficiency evidence undoubtedly recognized state courts state courts fully considered issue sufficiency task federal habeas difficult cf brown allen type claim almost always judged written record without need evidentiary hearing federal second problems finality comity arise whenever state prisoner invokes jurisdiction federal redress alleged constitutional violation challenge state conviction brought ground evidence fairly deemed sufficient established guilt beyond reasonable doubt federal constitutional claim although state appellate review undoubtedly serve vast majority cases vindicate due process protection follows winship also said vast majority federal constitutional rights may implicated state criminal trial occasional abuse federal writ habeas corpus stands ready correct brown allen supra opinion frankfurter respondents argued nonetheless whenever person convicted state given full fair hearing state system meaning instance state appellate review sufficiency evidence federal inquiry apart possibility discretionary review foreclosed argument prove far much judgment state appellate rejecting challenge evidentiary sufficiency course entitled deference federal courts judgment affirming criminal conviction congress selected federal district courts precisely forums responsible determining whether state convictions secured accord federal constitutional law federal habeas corpus statute presumes norm fair trial state adequate state postconviction remedies redress possible error see presume state proceedings always without error constitutional sense duty federal habeas corpus appraise claim constitutional error occur reflecting belief finality deprivation liberty invocation criminal sanction simply achieved expense constitutional right one lightly abjured constitutional issue presented case far different kind issue subject decision stone powell supra question whether defendant convicted upon inadequate evidence central basic question guilt innocence constitutional necessity proof beyond reasonable doubt confined defendants morally blameless mullaney wilbur requirement proof beyond reasonable doubt limit ed facts proved wholly exonerate accused system criminal justice even thief entitled complain unconstitutionally convicted imprisoned burglar hold challenge state criminal conviction brought settled procedural prerequisites claim otherwise satisfied applicant entitled habeas corpus relief found upon record evidence adduced trial rational trier fact found proof guilt beyond reasonable doubt iv turning finally specific facts case reject petitioner claim constitutional standard dictated winship conviction murder stand review record light favorable prosecution convinces us rational factfinder readily found petitioner guilty beyond reasonable doubt murder virginia law question trial petitioner fatally shot mary cole crucial factual dispute went sufficiency evidence support finding specifically intended kill question appeals recognized must gauged light applicable virginia law defining element premeditation law well settled premeditation need exist particular length time intent kill may formed moment commission unlawful act commonwealth brown circumstantial evidence record clear trial judge reasonably found beyond reasonable doubt petitioner possess necessary intent time killing prosecution uncontradicted evidence established petitioner shot victim twice petitioner admitted fatal shooting occurred first fired several shots ground reloaded gun evidence clear two shots killed victim fired close thus predictably fatal range person experienced use murder weapon immediately shooting petitioner drove without mishap virginia north carolina fact quite odds story extreme intoxication shortly fatal episode publicly expressed intention sexual relations victim body found partially unclothed uncontradicted circumstances rational factfinder readily inferred beyond reasonable doubt petitioner notwithstanding evidence drinking day killing capacity form fact formed intent kill victim petitioner calculated behavior killing demonstrated fully capable committing premeditated murder claim required trial judge draw series improbable inferences basic facts prime among inference wholly uninterested sexual activity victim interested willingly removed part clothing attacked knife resisted advances even though armed loaded revolver demonstrated knew use evident record trial judge found story including petitioner belated contention intoxicated incapable premeditation incredible theory prosecution affirmative duty rule every hypothesis except guilt beyond reasonable doubt petitioner challenge sustained theory rejected past holland decline adopt today standard established opinion necessary preserve due process protection recognized winship federal habeas corpus faced record historical facts supports conflicting inferences must presume even affirmatively appear record trier fact resolved conflicts favor prosecution must defer resolution applying criteria hold rational trier fact reasonably found petitioner committed murder first degree virginia law reasons judgment appeals affirmed ordered footnotes virginia law voluntary intoxication although affirmative defense murder material element premeditation may found negated hatcher commonwealth trial without jury guilty plea virginia exercise powers privileges duties given juries code appeal right criminal conviction virginia saunders reynolds petition writ error code reviewed merits however effect denial affirm judgment conviction merits saunders reynolds supra petition writ error alleged trial erred finding petitioner guilty murder light evidence introduced behalf commonwealth unwarranted inferences drawn evidence petitioner contended affirmance violate due process clause fourteenth amendment order denying jackson petition virginia stated opinion reversible error judgment complained virginia law requires sufficiency claims raised direct appeal claim may raised state habeas corpus proceeding pettus peyton district correctly found petitioner exhausted state remedies issue see supra opinions district appeals reported appeals judgment order reported appeals present case course recognized winship may changed constitutional standard federal habeas corpus appeals sixth circuit recently recognized possible impact winship federal habeas corpus case held rational trier fact found defendant guilty beyond reasonable doubt spruytte koehler affirmance order even recent case provoked lively debate among three members regarding effect winship upon federal habeas corpus writ granted case even though trial record concededly contained evidence applicant guilt see speigner jago trier fact case judge jury constitutional significance record makes clear judge deemed properly instructed reasonable doubt often described one based reason arises evidence lack evidence johnson louisiana citing cases discussion variations definition used jury instructions see holland rejecting contention circumstantial evidence must exclude every hypothesis guilt course mean convictions frequently reversed upon ground practice federal courts entertaining properly preserved challenges evidentiary sufficiency see fed rule crim proc serves highlight traditional understanding system application standard evidence irretrievably committed jury discretion sure factfinder criminal case traditionally permitted enter unassailable unreasonable verdict guilty logical corollary rule appeal judgment acquittal even evidence guilt overwhelming power factfinder err upon side mercy however never thought include power enter unreasonable verdict guilty carpenters joiners cf capital traction hof premise wholly belied settled practice testing evidentiary sufficiency motion judgment acquittal postverdict appeal denial motion see generally orfield criminal procedure federal rules supp appeals second circuit took position advanced today opinion concurring judgment standard merely descriptive state mind required factfinder criminal case actual quantum quality proof necessary support criminal conviction thus held jury trial judge need distinguish criminal civil cases purpose ruling motion judgment acquittal feinberg taylor feinberg overruled partly strength winship taylor adopted criterion articulated curley app reasonable jurors must necessarily reasonable doubt guilt judge must require acquittal result permissible within fixed bounds jury consideration prevailing criterion judging motions acquittal federal criminal trials see generally wright federal practice procedure supp contrary suggestion opinion concurring judgment criterion announced today constitutional minimum required enforce due process right established winship novel see amato whether taking view evidence favorable government jury accept relevant evidence adequate sufficient support conclusion defendant guilt beyond reasonable doubt emphasis added jorgenson whether considering evidence light favorable government substantial evidence jury might reasonably find accused guilty beyond reasonable doubt emphasis added glasser universally understood case applying criterion see harding see generally orfield supra question whether evidence constitutionally sufficient course wholly unrelated question rationally verdict actually reached standard announced today permit make subjective determination guilt innocence require scrutiny reasoning process actually used factfinder known see generally wharton criminal procedure ed supp application thompson standard assess validity criminal conviction winship lead absurdly unjust results cases indicated failure instruct jury necessity proof guilt beyond reasonable doubt never harmless error see cool cf taylor kentucky thus defendant whose guilt actually proved overwhelming evidence denied due process jury instructed found guilty mere preponderance evidence yet defendant one slender bit evidence denied due process long jury properly instructed prosecution burden proof beyond reasonable doubt results wholly faithless constitutional rationale winship virginia order denying jackson petition writ error make clear criterion applied petitioner claim evidence support murder conviction insufficient see supra oral argument counsel petitioner contended virginia sufficiency standard keyed winship counsel state disagreed circumstances decline speculate criterion state applied fact state appellate invoked proper standard however although entitled great weight totally bar properly presented claim type respondents suggested constitutional standard invite intrusions upon power define criminal offenses quite contrary standard must applied explicit reference substantive elements criminal offense defined state law whether state constitutionally make conduct issue criminal course distinct question see papachristou jacksonville robinson california justice stevens chief justice justice rehnquist join concurring judgment constitution prohibits criminal conviction person except upon proof sufficient convince trier fact guilt beyond reasonable doubt cf ante rule prevailed courts least early years nation winship today creates new rule law one never prevailed jurisprudence according constitution prohibits criminal conviction person including apparently person facts already found beyond reasonable doubt jury trial judge one levels state appellate judges except upon proof sufficient convince federal judge rational trier fact found essential elements crime beyond reasonable doubt ante adoption novel constitutional rule necessary decision case moreover believe unwise act lawmaking despite chimerical appeal new counterpart venerable principle recognized winship persuaded precipitous adoption adversely affect quality justice administered federal judges reason shall analyze new brainchild care shall begin explaining neither record case general experience challenges sufficiency evidence supporting criminal convictions supports much less compels conclusion need new constitutional precept shall next show logically compelled either holding analysis winship supra finally shall try demonstrate new rule meaningless shibboleth threatens serious harm quality judicial system course part tradition new rules law emerge process adjudication constitutional issues widespread concern existing constitutional doctrine unjust often provides occasion sometimes even relied upon justification exercise lawmaking authority without entering debate legitimacy justification judicial action least certain basis dramatic indeed constitutional efforts unless efforts necessary decision case hand powerful reasons favor change law see ashwander tva brandeis concurring case analysis fails counts accordingly formulated new constitutional principle dangerous possible circumstances exercise judicial authority neither necessitated capable limited precise facts rule originally applied liverpool emigration even broader set identifiable experiences evil supposedly involved significantly announced new constitutional edict case absolutely bearing outcome factual issue stake whether petitioner intended kill victim evidence viewed light favorable prosecution ante indeed may view eyes actual factfinder whose observations evidence recorded trial transcript one answer question matter standard appellate review applied part iv opinion accepts conclusion therefore need fashion broad new rule constitutional law dispose squalid rather routine murder case view evidence sufficient new rule adopted simply forestall hypothetical evil demonstrated view fairly demonstrable although judiciary received share criticism principally delays costs associated litigation aware general dissatisfaction accuracy factfinding process adequacy rules applied state appellate courts reviewing claims insufficiency little evidence marshals favor contrary conclusion unconvincing see ante simply incorrect implying significant number occasions federal convictions overturned appeal rational trier fact found guilt beyond reasonable doubt two opinions cited ante stand proposition neither conviction reversed insufficiency see glasser bronston moreover study federal criminal convictions reviewed various courts appeals reported recent hardbound volume federal reporter second series volume reveals overturned sufficiency grounds one overturned evidence standard two total counts actually reversed arguably involved legal issues masquerading sufficiency questions difficult believe federal courts turn sufficiency problems habeas review instead acting first level review cases studied acting second third even fourth level appellate review short simply reason tinker elaborate mechanism functioning well ii nothing facts case far demonstrated cases like warrant today excursion constitutional rulemaking instead portrays rule logical corollary principle recognized winship regarding subjective state mind persons charged responsibility evaluating credibility evidence must possess find defendant guilty criminal case examination winship reveals nothing appellate much less habeas corpus review standards reasoning used case reach conclusion respect trier fact support indeed counsels conclusion respect federal habeas judges necessary connection rule recognized winship rule invented today distinct contrast circumstances case facts winship presented case choice standard proof made difference trial judge forthrightly acknowledged believed preponderance evidence convinced beyond reasonable doubt juvenile guilt harlan concurring trier fact entertained doubt held juvenile constitutionally entitled verdict adult defendant criminal case receive holding merely extended juveniles protection traditionally available defendants criminal trials nation nothing winship opinion suggests also bore appellate habeas corpus procedures although repeatedly emphasized function standard describing requisite subjective state certitude factfinder never mentioned question appellate judges know whether trier fact really convinced beyond reasonable doubt indeed whether factfinder rational person group persons moreover mode analysis employed winship finds counterpart opinion case example winship pointed breadth historical current acceptance trial standard case contrast candidly recognizes federal courts appeals generally rejected habeas standard adopts today ante winship relied nine prior opinions bore directly issue presented purportedly relies two prior decisions pointed supra neither cases applied reasonable doubt appellate standard overturn conviction neither purported interpreting constitution neither expressed view whatsoever appropriate standard collateral proceedings involved case notes instead repeatedly endorsed evidence test continued winship decided vachon new hampshire douglas buder gregory chicago adderley florida thompson louisville see also clyatt primary reasoning winship also inapplicable noted case standard desirable effect significantly reducing risk inaccurate factfinding thus erroneous convictions well instilling confidence criminal justice system see also harlan concurring case however impossible even try demonstrate appreciable risk factfinding made jury beyond reasonable doubt twice reviewed trial judge ruling directed verdict acquittal motions one levels appellate courts direct appeal well two federal habeas courts thompson evidence rule likely erroneous indeed premise winship properly selected judges properly instructed juries act rationally former tell truth declare convinced beyond reasonable doubt latter conscientiously obey understand instructions receive retiring reach verdict therefore either factfinder provide necessary bulwark erroneous factual determinations presume otherwise make light winship failed identify evil rule directed failed demonstrate follows analysis typically used due process cases character places reliance dry view incorrect syllogism winship requires factfinder apply standard logic requires reviewing judge apply like standard taken ultimate conclusion logic require reviewing ask whether believes evidence trial established guilt beyond reasonable doubt woodby ins emphasis added however rejects standard well others might considered consistent winship example require reviewing view evidence favorable prosecution decide whether evidence convinced beyond reasonable doubt whether based entire record rational triers fact convinced guilt beyond reasonable doubt instead without explanation chooses still narrower standard merely asks whether viewing evidence light favorable prosecution rational trier fact found essential elements crime beyond reasonable doubt ante seems logic allows choice winship also allow presumption rejected trial judges juries act rationally honestly applying standard least long trial free procedural error record contains evidence tending prove elements offense time may prove rule adopted today wisest compromise one extreme maximizes protection risk innocent persons erroneously convicted extreme places greatest faith ability fair procedures produce verdicts opinion obscure fact new rule logically compelled analysis holding winship precedent fact rule reflects new policy choice rather application rule law iii cautions exaggerating significance new rule ante true practice may little difference record contain least evidence tending prove every element offense record containing little evidence rational factfinder persuaded guilt beyond reasonable doubt moreover think quite correct acknowledges meritorious challenges constitutional sufficiency evidence undoubtedly recognized state courts ante means new rule seldom ever provide convicted state prisoner tangible benefits mean rule impact administration justice contrary persuaded seriously harmful state federal judiciaries indicates new standard applied federal judges habeas corpus proceedings may substantially standard state reviewing courts already applying ante federal district courts therefore directed simply duplicate reviewing function performed adequately state appellate courts view task may well inconsistent prohibition added congress federal habeas statute order forestall undue federal interference state proceedings see wainwright sykes overturning determination hearing merits factual issue made state competent jurisdiction see lavallee delle rose case assign single federal district judge responsibility directly reviewing inevitably supervising routine work highest courts state undermine morale esteem state judiciary particularly stated purpose additional layer review determine whether state factfinder rational consequences intangible nonetheless significant potential effect federal judges even serious burdens already heavy delegating staff assistants work expected judges perform new standard invite unknown number state prisoners make sufficiency challenges made old rule moreover rational trier fact must certainly base decisions evidence broader standard may well require entire transcript state trial read whenever factfinders rationality challenged rule task confront courts appeals well district courts surely impose countless additional hours unproductive labor federal judges assistants increasing volume work character already led distinguished lawyers discontinue reject service federal bench addition significant volume pointless labor impair quality justice administered federal judges thereby undermine respect confidence community applications law winship reasons unable join gratuitous directive colleagues federal bench tarr overturned one two counts appellant convicted insufficient evidence prove intent aid abet unauthorized transfer machinegun violation found evidence appellant requisite knowledge whetzel app overturned counts appellant conviction government failed offer proof permit jury reasonably infer merchandise appellant transported value however basis determination government valuation method trial allowed jury consider legally erroneous similarly fearn overturned conviction based federal nonconstitutional rule surely apply habeas review state convictions conviction must rest upon firmer ground uncorroborated admission confession accused independently analyze whether uncorroborated confession involved case allowed rational trier fact find guilt beyond reasonable doubt winship stated said speiser randall always litigation margin error representing error factfinding parties must take account one party stake interest transcending value criminal defendant liberty margin error reduced process placing party burden persuading factfinder conclusion trial guilt beyond reasonable doubt due process commands man shall lose liberty unless government borne burden convincing factfinder guilt end standard indispensable impresses trier fact necessity reaching subjective state certitude facts issue dorsen rezneck gault future juvenile law family law quarterly pp emphasis added later page added also important free society every individual going ordinary affairs confidence government adjudge guilty criminal offense without convincing proper factfinder guilt utmost certainty ibid emphasis added see also harlan concurring standard proof represents attempt instruct factfinder concerning degree confidence society thinks correctness factual conclusions particular type adjudication emphasis added relying treatises analyzed law well federal system determined standard prevailed trial level least early years nation accepted common law jurisdictions measure persuasion prosecution must convince trier essential elements guilt emphasis added see also harlan concurring nearly complete acceptance standard criminal trials today hold explicitly due process expression fundamental procedural fairness requires stringent standard criminal trials ordinary civil litigation emphasis added undertaken systematic analysis standards reviewing sufficiency evidence prevail either state habeas corpus collateral proceedings state appellate courts sources discovered suggest varied standards use subject shifting elastic definitions winningham dilemma directed acquittal vand rev see ali code criminal procedure commentary pp rules criminal procedure commentary hardly bears repeating habeas corpus intended substitute appeal device reviewing merits guilt determinations criminal trials see generally stone powell instead designed guard extreme malfunctions state criminal justice systems discuss earlier see supra incidence factual error trial level federal courts appears exceedingly low even measured relatively strict appellate standard used federal courts appeals presumably incidence errors survive first level review even smaller indeed makes light winship suggesting absence new habeas procedure result case simply trial ritual ante far likely view largely unnecessary rule result ritual undermine integrity state federal judiciaries see infra far determine standard first appeared jurisprudence justice stewart opinion dissenting denial certiorari freeman zahradnick time gave impression somewhat narrower stated quite differently test used courts appeals reviewing federal convictions direct appeal see curley app although twice repeats freeman test see ante appears either equate standard view broader federal standard endorse standards despite differences see ante nn past collateral review state proceedings justified largely grounds federal judges special expertise federal issues regularly arise habeas corpus proceeding less susceptible state judges political pressures applying constitutional rules overturn convictions see bartels avoiding comity errors stan rev cf steffel thompson mitchum foster neither justifications force present context state judges familiar elements state offenses federal judges better able evaluate sufficiency claims moreover decisions overturning convictions least likely unpopular thus distort state decisionmaking processes ones based inadequacy evidence indeed federal courts divested authority state courts fourth amendment issues far likely generate politically motivated decisions see stone powell like result case seem fortiori example heavy federal workload required regular senior judges ninth circuit hire staff attorneys law clerks assist labors additional burdens also imposed rule extended federal habeas proceedings reviewing federal criminal trials well ones reviewing state civil commitment proceedings recently required least clear convincing test applied matter federal constitutional law addington texas workload also increase course certiorari docket expands accommodate challenges generated new rule effect even greater opinion read require state appellate courts apply test direct review require apply reviewing decisions courts certiorari professor bator persuasively explained law diminishing returns inevitably makes unwise duplicative review processes merits criminal cases criminal judgment ever final notion legality must point include assignment final competences determine legality may asked seek point judgment becomes final conceding process assure ultimate truth repetition inquiry stand better chance approximating view awesomeness consequences conviction allow redetermination merits attempt make sure error occurred surely answer runs first place terms conservation resources mean simple economic resources intellectual moral political resources involved legal system presumption must seems job well done done twice one set institutions capable performing task hand another ask challenge really runs way proceeding held determine facts law case processes used proceeding fitted task manner inferior used second proceeding one demonstrate relitigation merely consist repetition first proceeding count duplicate effort purpose first decide case neither subsequent assure ultimate truth previous determination ignored must reasoned institutional justification mere iteration process kinds damage imagine nothing subversive judge sense responsibility inner subjective conscientiousness essential part difficult subtle art judging well indiscriminate acceptance notion shots always called someone else course mean appeals shall see important functional ethical purposes served allowing recourse appellate unitary system federal federal system acute question effect trial judge allow still recourse purposes may longer relevant seems objectionable merely sake service illusory notion try hard enough find truth bator finality criminal law federal habeas corpus state prisoners harv rev see also james civil procedure testimony griffin bell confirmation hearings attorney general particularly relevant asked senator scott virginia earlier resigned seat appeals fifth circuit judge bell responded found rewarding experience longer whether excitement whether case load changed work load oppressive minded work load character cases changed almost like serving criminal want longer hearings prospective nomination griffin bell georgia attorney general senate committee judiciary