Opinion · Supreme Court of the United States
Jackson v. Virginia
Jackson v. Va., 443 U.S. 307 (1979)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1979-10-01
- Topic
- general
How later courts describe this case
- holding that if any rational jury could find guilt beyond a reasonable doubt, verdict must be upheld
- holding that no defendant can be convicted criminally unless the government proves beyond a reasonable doubt every element of the offense
- holding that federal court reviewing state court conviction must determine whether sufficient evidence existed to justify conviction beyond a reasonable doubt
- holding that proof of a criminal charge beyond a reasonable doubt is required by the Constitution
- holding that circumstantial evidence alone can support a finding as to an essential element of an offense
- holding that appellate court reviewing conviction must find that rational trier of fact could have found essential elements of offense beyond a reasonable doubt
- holding that a court must uphold a jury verdict if “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt”
- holding that a habeas court reviewing the sufficiency of evidence underlying a criminal conviction must "determine whether the record evidence could reasonably support a finding of guilt beyond a reasonable doubt " (emphasis added)
Citator
Jackson v. Virginia has been questioned or limited by later authorities: relies on overruled authority: 73 S. Ct. 397 (overruled by Townsend v. Sain). Read them before relying on it. 79,020 later decisions cite it.
- Authority status
- caution
- Cited by
- 79020 opinions
- Followed
- 12 times
- Distinguished
- 2 times
Headnotes
- Constitutional Law — Due Process The Constitution prohibits the criminal conviction of any person except upon proof of guilt beyond a reasonable doubt.
- Constitutional Law — Due Process A conviction upon a charge not made or upon a charge not tried constitutes a denial of due process, reflecting the broader premise that a person cannot incur the loss of liberty for an offense without notice and a meaningful opportunity to defend.
- Constitutional Law — Due Process A conviction based upon a record wholly devoid of any relevant evidence of a crucial element of the offense charged is constitutionally infirm.
- Constitutional Law — Burden of Proof The Due Process Clause of the Fourteenth Amendment protects a defendant in a criminal case against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.
- Constitutional Law — Burden of Proof No person shall be made to suffer the onus of a criminal conviction except upon sufficient proof, defined as evidence necessary to convince a trier of fact beyond a reasonable doubt of the existence of every element of the offense.
- Constitutional Law — Burden of Proof The Winship doctrine requires more than simply a trial ritual; because it establishes a fundamental substantive constitutional standard, it requires that the factfinder will rationally apply that standard to the facts in evidence.
- Criminal Law & Procedure — Sufficiency of the Evidence When a conviction occurs in a state trial on evidence that no rational trier of fact could find establishes guilt beyond a reasonable doubt, it cannot constitutionally stand under the Fourteenth Amendment due process standard recognized in Winship.
- Habeas Corpus — Sufficiency of the Evidence On review of the sufficiency of the evidence to support a criminal conviction, the critical inquiry is not simply whether the jury was properly instructed, but whether the record evidence could reasonably support a finding of guilt beyond a reasonable doubt; the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.
- Habeas Corpus — Sufficiency of the Evidence The reviewing court does not ask itself whether it believes that the evidence at trial established guilt beyond a reasonable doubt; rather, it must give full play to the trier of fact's responsibility to resolve conflicts in testimony, weigh the evidence, and draw reasonable inferences from basic facts to ultimate facts, preserving the factfinder's role as weigher of the evidence.
- Habeas Corpus — Sufficiency of the Evidence The criterion for reviewing evidentiary sufficiency impinges upon jury discretion only to the extent necessary to guarantee the fundamental protection of due process of law.
- Constitutional Law — Sufficiency of the Evidence The Thompson "no evidence" rule is inadequate to protect against misapplications of the constitutional standard of reasonable doubt, because a mere modicum of relevant evidence may satisfy a "no evidence" standard yet could not rationally support a conviction beyond a reasonable doubt.
- Habeas Corpus — Federal Review A state prisoner who alleges that the evidence in support of his state conviction cannot be fairly characterized as sufficient to have led a rational trier of fact to find guilt beyond a reasonable doubt has stated a federal constitutional claim cognizable in a federal habeas corpus proceeding, assuming state remedies have been exhausted and no independent and adequate state ground bars the claim.
- Habeas Corpus — Federal Review The constitutional claim that a state conviction rests on insufficient evidence to establish guilt beyond a reasonable doubt is not foreclosed from federal habeas review merely because the state courts have given the petitioner a full and fair hearing on the sufficiency issue; Congress selected the federal district courts as the forums responsible for determining whether state convictions were secured in accord with federal constitutional law.
- Habeas Corpus — Standard of Review In a challenge to a state criminal conviction brought under 28 U. S. C. § 2254, if the settled procedural prerequisites have been satisfied, the applicant is entitled to habeas corpus relief if it is found that upon the record evidence adduced at the trial no rational trier of fact could have found proof of guilt beyond a reasonable doubt.
- Criminal Law & Procedure — Premeditation Premeditation need not exist for any particular length of time, and an intent to kill may be formed at the moment of the commission of the unlawful act.
- Habeas Corpus — Standard of Review A federal habeas corpus court faced with a record of historical facts that supports conflicting inferences must presume, even if it does not affirmatively appear in the record, that the trier of fact resolved any such conflicts in favor of the prosecution, and must defer to that resolution.
- Criminal Law & Procedure — Sufficiency of the Evidence The prosecution is not under an affirmative duty to rule out every hypothesis except that of guilt beyond a reasonable doubt in order to sustain a conviction; circumstantial evidence need not exclude every hypothesis but that of guilt.
- Habeas Corpus — Standard of Review The constitutional sufficiency standard must be applied with explicit reference to the substantive elements of the criminal offense as defined by state law.
delivered the opinion of the Court.
The Constitution prohibits the criminal conviction of any person except upon proof of guilt beyond a reasonable doubt. In re Winship, 397 U. S. 358. The question in this case is what standard is to be applied in a federal habeas corpus proceeding when the claim is made that a person has been convicted in a state court upon insufficient evidence.
I
The petitioner was convicted after a bench trial in the Circuit Court of Chesterfield Count y, Va., of the first-degree murder of a woman named Mary Houston Cole.1 Under Virginia law, murder is defined as “the unlawful killing of another with malice aforethought.” Stapleton v. Commonwealth, 123 Va. 825, 96 S. E. 801. Premeditation, or specific intent to kill, distinguishes murder in the first from murder in the second degree; proof of this element is essential to conviction of the former offense, and the burden of proving it clearly rests with the prosecution. Shiflett v. Commonwealth, 143 Va. 609, 130 S. E. 777; Jefferson v. Commonwealth, 214 Va. 432, 201 S. E. 2d 749.
That the petitioner had shot and killed Mrs. Cole was not in dispute at the trial. The State's evidence established that
Her body was found in a secluded church parking lot a day and a half later, naked from the waist down, her slacks beneath her body. Uncontradicted medical and expert evidence established that she had been shot twice at close range with the petitioner’s gun. She appeared not to have been sexually molested. Six cartridge cases identified as having been fired from the petitioner’s gun were found near the body.
After shooting Mrs. Cole, the petitioner drove her car to North Carolina, where, after a short trip to Florida, he was arrested several days later. In a postarrest statement, introduced in evidence by the prosecution, the petitioner admitted that he had shot the victim. He contended, however, that the shooting had been accidental. When asked to describe his condition at the time of the shooting, he indicated that he had not been drunk, but had been “pretty high.” His
The trial judge, declaring himself convinced beyond a reasonable doubt that the petitioner had committed first-degree murder, found him guilty of that offense.3 The petitioner’s motion to set aside the judgment as contrary to the evidence was denied, and he was sentenced to serve a term of 30 years in the Virginia state penitentiary. A petition for writ of error to the Virginia Supreme Court on the ground that the evidence was insufficient to support the conviction was denied.4
We granted certiorari to consider the petitioner’s claim that under In re Winship, supra, a federal habeas corpus court must
II
Our inquiry in this case is narrow. The petitioner has not seriously questioned any aspect of Virginia law governing the allocation of the burden of production or persuasion in a murder trial. See Mullaney v. Wilbur, 421 U. S. 684; Patterson v. New York, 432 U. S. 197. As the record demonstrates, the judge sitting as factfinder in the petitioner’s trial was aware that the State bore the burden of establishing the element of premeditation, and stated that he was applying the reasonable-doubt standard in his appraisal of the State’s evidence. The petitioner, moreover, does not contest the conclusion of the Court of Appeals that under the “no evidence” rule of Thompson v. Louisville, supra, his conviction of first-degree murder is sustainable. And he has not attacked the sufficiency of the evidence to support a conviction of second-degree murder. His sole constitutional claim, based squarely upon Winship, is that the District Court and the Court of Appeals were in error in not recognizing that the question to be decided in this case is whether any rational factfinder could have concluded beyond a reasonable doubt that the killing for which the petitioner was convicted was premeditated. The question thus raised goes to the basic nature of the constitutional right recognized in the Winship opinion.
III
A
This is the first of our cases to expressly consider the question whether the due process standard recognized in Winship constitutionally protects an accused against conviction except upon evidence that is sufficient fairly to support a conclusion
It is axiomatic that a conviction upon a charge not made or upon a charge not tried constitutes a denial of due process. Cole v. Arkansas, 333 U. S. 196, 201; Presnell v. Georgia, 439 U. S. 14. These standards no more than reflect a broader premise that has never been doubted in our constitutional system: that a person cannot incur the loss of liberty for an offense without notice and a meaningful opportunity to defend. E. g., Hovey v. Elliott, 167 U. S. 409, 416-420. Cf. Boddie v. Connecticut, 401 U. S. 371, 377-379. A meaningful opportunity to defend, if not the right to a trial itself, presumes as well that a total want of evidence to support a charge will conclude the case in favor of the accused. Accordingly, we held in the Thompson case that a conviction based upon a record wholly devoid of any relevant evidence of a crucial element of the offense charged is constitutionally infirm. See also Vachon v. New Hampshire, 414 U. S. 478; Adderley v. Florida, 385 U. S. 39; Gregory v. Chicago, 394 U. S. 111; Douglas v. Buder, 412 U. S. 430. The “no evidence” doctrine of Thompson v. Louisville thus secures to an accused the most elemental of due process rights: freedom from a wholly arbitrary deprivation of liberty.
The Court in Thompson explicitly stated that the due process right at issue did not concern a question of evidentiary “sufficiency.” 362 U. S., at 199. The right established in In re Winship, however, clearly stands on a different footing. Winship involved an adjudication of juvenile delinquency made by a judge under a state statute providing that the prosecution must prove the conduct charged as delinquent— which in Winship would have been a criminal offense if engaged in by an adult — by a preponderance of the evidence.
The constitutional problem addressed in Winship was thus distinct from the stark problem of arbitrariness presented in Thompson v. Louisville. In Winship, the Court held for the first time that the Due Process Clause of the Fourteenth Amendment protects a defendant in a criminal case against conviction "except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.” 397 U. S., at 364. In so holding, the Court emphasized that proof beyond a reasonable doubt has traditionally been regarded as the decisive difference between crimi-" nal culpability and civil liability. Id., at 358-362. See Davis v. United States, 160 U. S. 469; Brinegar v. United States, 338 U. S. 160, 174; Leland v. Oregon, 343 U. S. 790; 9 J. Wigmore, Evidence § 2495, pp. 307-308 (3d ed. 1940). Cf. Woodby v. INS, 385 U. S. 276, 285. The standard of proof beyond a reasonable doubt, said the Court, "plays a vital role in the American scheme of criminal procedure,” because it operates to give “concrete substance’? to the presumption of innocence, to ensure against unjust convictions, and to reduce the risk of factual error in a criminal proceeding. 397 U. S., at 363. At the same time, by impressing upon the factfinder the need to¡ reach a subjective state of near certitude of the guilt of the i accused, the standard symbolizes the significance that our ‘ society attaches to the criminal sanction and thus to liberty itself. Id., at 372 (Harlan, J., concurring).
The constitutional standard recognized in the Winship case was expressly phrased as one that protects an accused against a conviction except on “proof beyond a reasonable doubt. . . .” In subsequent cases.discussing the reasonable-doubt standard, we have never departed from this definition of the rule or from
B
Although several of our cases have intimated that the fact-finder’s application of the reasonable-doubt standard to the evidence may present a federal question when a state conviction is challenged, Lego v. Twomey, supra, at 487; Johnson v. Louisiana, 406 U. S. 356, 360, the Federal Courts of Appeals have generally assumed that so long as the reasonable-doubt instruction has been given at trial, the no-evidence doctrine of Thompson v. Louisville remains the appropriate guide for a federal habeas corpus court to apply in assessing a state prisoner’s challenge to his conviction as founded upon insufficient evidence. See, e. g., Cunha v. Brewer, 511 F. 2d 894 (CA8).7 We cannot agree.
The Winship doctrine requires more than simply a trial
A federal court has a duty to assess the historic facts when it is called upon to apply a constitutional standard to a conviction obtained in a state court. For example, on direct review of a state-court conviction, where the claim is made that an involuntary confession was used against the defendant, this Court reviews the facts to determine whether the confession was wrongly admitted in evidence. Blackburn v. Alar bama, 361 U. S. 199, 205-210. Cf. Drope v. Missouri, 420 U. S. 162, 174-175, and n. 10. The same duty obtains in federal habeas corpus proceedings. See Townsend v. Sain, 372 U. S. 293, 318; Brown v. Allen, 344 U. S. 443, 506-507 (opinion of Frankfurter, J.).
After Winship the critical inquiry on review of the sufficiency of the evidence to support a criminal conviction must be not simply to determine whether the jury was properly instructed, but to determine whether the record evidence could reasonably support a finding of guilt beyond a reasonable doubt.11 But this inquiry does not require a court to “ask
C
Under 28 U. S. C. § 2254, a federal court must entertain a claim by a state prisoner that he or she is being held in “custody in violation of the Constitution or laws or treaties of the
In addition to the argument that a Winship standard invites replication of state criminal trials in the guise of § 2254 proceedings — an argument that simply fails to recognize that courts can and regularly do gauge the sufficiency of the evidence without intruding into any legitimate domain of the trier of fact — the respondents have urged that any departure from the Thompson test in federal habeas corpus proceedings will expand the number of meritless claims brought to the federal courts, will duplicate the work of the state appellate courts, will disserve the societal interest in the finality of state criminal proceedings, and will increase friction between the federal and state judiciaries. In sum, counsel for the State urges that this type of constitutional claim should be deemed to fall within the limit on federal habeas corpus jurisdiction identified in Stone v. Powell, 428 U. S. 465, with respect to Fourth Amendment claims. We disagree.
First, the burden that is likely to follow from acceptance of the Winship standard has, we think, been exaggerated. Federal-court challenges to the evidentiary support for state convictions have since Thompson been dealt with under § 2254. E. g., Freeman v. Stone, 444 F. 2d 113 (CA9); Grieco v.
Second, the problems of finality and federal-state comity arise whenever a state prisoner invokes the jurisdiction of a federal court to redress an alleged constitutional violation. A challenge to a state conviction brought on the ground that the evidence cannot fairly be deemed sufficient to have established guilt beyond a reasonable doubt states a federal constitutional claim. Although state appellate review undoubtedly will serve in the vast majority of cases to vindicate the due process protection that follows from Winship, the same could also be said of the vast majority of other federal constitutional rights that may be implicated in a state criminal trial. It is the occasional abuse that the federal writ of habeas corpus stands ready to correct. Brown v. Allen, supra, at 498-501 (opinion of Frankfurter, J.).
The constitutional issue presented in this case is far different from the kind of issue that was the subject of the Court’s decision in Stone v. Powell, supra. The question whether a defendant has been convicted upon inadequate evidence is central to the basic question of guilt or innocence. The constitutional necessity of proof beyond a reasonable doubt is not confined to those defendants who are morally blameless. E. g., Mullaney v. Wilbur, 421 U. S., at 697-698 (requirement of proof beyond a reasonable doubt is not “limit [ed] to those facts which, if not proved, would wholly exonerate” the accused). Under our system of criminal justice even a thief
We hold that in a challenge to a state criminal conviction brought under 28 U. S. C. § 2254 — if the settled procedural prerequisites for such a claim have otherwise been satisfied-— the applicant is entitled to habeas corpus relief if it is found that upon the record evidence adduced at the trial no rational trier of fact could have found proof of guilt beyond a reasonable doubt.16
IV
Turning finally to the specific facts of this case, we reject the petitioner’s claim that under the constitutional standard dictated by Winship his conviction of first-degree murder cannot stand. A review of the record in the light most favorable to the prosecution convinces us that a rational factfinder could readily have found the petitioner guilty beyond a reasonable doubt of first-degree murder under Virginia law.
There was no question at the trial that the petitioner had fatally shot Mary Cole. The crucial factual dispute went to the sufficiency of. the evidence to support a finding that he had specifically intended to kill her. This question, as the Court of Appeals recognized, must be gauged in the light of applicable Virginia law defining the element of premeditation. Under that law it is well settled that premeditation need not exist for any particular length of time, and that an intent to kill may be formed at the moment of the commission of the unlawful act. Commonwealth v. Brown, 90 Va. 671, 19 S. E. 447. From the circumstantial evidence in the record, it is
The prosecution’s uncontradicted evidence established that the petitioner shot the victim not once but twice. The petitioner himself admitted that the fatal shooting had occurred only after he had first fired several shots into the ground and then reloaded his gun. The evidence was clear that the two shots that killed the victim were fired at close, and thus predictably fatal, range by a person who was experienced in the use of the murder weapon. Immediately after the shooting, the petitioner drove without mishap from Virginia to North Carolina, a fact quite at odds with his story of extreme intoxication. Shortly before the fatal episode, he had publicly expressed an intention to have sexual relations with the victim. Her body was found partially unclothed. From these uncon-tradicted circumstances, a rational factfinder readily could have inferred beyond a reasonable doubt that the petitioner, notwithstanding evidence that he had been drinking on the day of the killing, did have the capacity to form and had in fact formed an intent to kill the victim.
The petitioner’s calculated behavior both before and after the killing demonstrated that he was fully capable of committing premeditated murder. His claim of self-defense would have required the trial judge to draw a series of improbable inferences from the basic facts, prime among them the inference that he was wholly uninterested in sexual activity with the victim but that she was so interested as to have willingly removed part of her clothing and then attacked him with a knife when he resisted her advances, even though he was armed with a loaded revolver that he had just demonstrated he knew how to use. It is evident from the record that the trial judge found this story, including the petitioner’s belated contention that he had been so intoxicated as to be incapable of premeditation, incredible.
For these reasons, the judgment of the Court of Appeals is affirmed.
It is so ordered.
Mr. Justice Powell took no part in the consideration or decision of this case.The degrees of murder in Virginia are specified in Va. Code § 18.2-32 (1975) as follows:
“Murder, other than capital murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, robbery, burglary or abduction ... is murder of the first degree, punishable as a Class 2 felony.
“All murder other than capital murder and murder in the first degree is murder of the second degree and is punishable as a Class 3 felony.”
Class 2 felonies carry a term of 20 years to life. §18.2-10 (b) (1975). The sentence for Class 3 felonies can range from 5 to 20 years, § 18.2-10 (c). Murder itself takes its definition in Virginia from the common law. Stapleton v. Commonwealth, 123 Va. 825, 96 S. E. 801.
Under Virginia law, voluntary intoxication — although not an affirmative defense to second-degree murder — is material to the element of premeditation and may be found to have negated it. Hatcher v. Commonwealth, 218 Va. 811, 241 S. E. 2d 756.
When trial without a jury is had on a not guilty plea in Virginia, the court is to “have and exercise all the powers, privileges and duties given to juries . . . .” Va. Code § 19.2-257 (1975).
There is no appeal as of right from a criminal conviction in Virginia. Saunders v. Reynolds, 214 Va. 697, 204 S. E. 2d 421. Each petition for writ of error under Va. Code § 19.2-317 (1975) is reviewed on the merits, however, and the effect of a denial is to affirm the judgment of conviction on the merits. Saunders v. Reynolds, supra.
The petition for writ of error alleged that “the trial Court erred in finding the Petitioner guilty of first-degree murder in light of the evidence introduced on behalf of the Commonwealth, and on unwarranted' inferences drawn from this evidence.” The petitioner contended that an affirmance would violate the Due Process Clause of the Fourteenth Amendment. In
The District Court correctly found that the petitioner had exhausted his state remedies on this issue. See n. 4, supra.
The opinions of the District Court and the Court of Appeals are not reported. The Court of Appeals’ judgment order is reported at 580 F. 2d 1048.
The Court of Appeals in the present case, of course, recognized that Winship may have changed the constitutional standard in federal habeas corpus. And the Court of Appeals for the Sixth Circuit recently recognized the possible impact of Winship on federal habeas corpus in a case in which it held that “a rational trier of fact could have found the defendant . . . guilty beyond a reasonable doubt.” Spruytte v. Koehler, affirmance order, 590 F. 2d 335. An even more recent case in that court provoked a lively debate among three of its members regarding the effect of Winship upon federal habeas corpus. The writ was granted in that case, even though the trial record concededly contained “some evidence” of the applicant’s guilt. See Speigner v. Jago, 603 F. 2d 1208.
The trier of fact in this case was a judge and not a jury. But this is of no constitutional significance. The record makes clear that the judge deemed himself “properly instructed.”
A “reasonable doubt” has often been described as one “based on reason which arises from the evidence or lack of evidence.” Johnson v. Louisiana, 406 U. S. 356, 360 (citing cases). For a discussion of variations in the definition used in jury instructions, see Holland v. United States, 348 U. S. 121, 140 (rejecting contention that circumstantial evidence must exclude every hypothesis but that of guilt).
This, of course, does not mean that convictions are frequently reversed upon this ground. The practice in the federal courts of entertaining properly preserved challenges to evidentiary sufficiency, see Fed. Rule Crim. Proc. 29, serves only to highlight the traditional understanding in our system that the application of the beyond-a-reasonable-doubt standard to the evidence is not irretrievably committed to jury discretion. To be sure, the factfinder in a criminal case has traditionally been permitted to enter an unassailable but unreasonable verdict of “not guilty.” This is the logical corollary of the rule that there can be no appeal from a judgment of acquittal, even if the evidence of guilt is overwhelming. The power of the factfinder to err upon the side of mercy, however, has never been thought to include a power to enter an unreasonable verdict of guilty. Carpenters & Joiners v. United States, 330 U. S. 395, 408. Cf. Capital Traction Co. v. Hof, 174 U. S. 1, 13-14. Any such premise is wholly belied by the settled practice of testing evidentiary sufficiency through a motion for judgment of acquittal and a postverdict appeal from the denial
Until 1972, the Court of Appeals for the Second Circuit took the position advanced today by the opinion concurring in the judgment that the beyond-a-reasonable-doubt standard is merely descriptive of the state of mind required of the factfinder in a criminal case and not of the actual quantum and quality of proof necessary to support a criminal conviction. Thus, that court held that in a jury trial the judge need not distinguish between criminal and civil cases for the purpose of ruling on a motion for judgment of acquittal. United States v. Feinberg, 140 F. 2d 592, 594. In United States v. Taylor, 464 F. 2d 240 (CA2), Feinberg was overruled, partly on the strength of Winship. The Taylor court adopted the directed-verdict criterion articulated in Curley v. United States, 81 U. S. App. D. C. 389, 392-393, 160 F. 2d 229, 232-233 (If “reasonable” jurors “must necessarily have ... a reasonable doubt” as to guilt, the judge “must require acquittal, because no other result is permissible within the
Contrary to the suggestion in the opinion concurring in the judgment, .the criterion announced today as the constitutional minimum required to enforce the due process right established in Winship is not novel. See, e. g., United States v. Amato, 495 F. 2d 545, 549 (CA5) ("whether, taking the view [of the evidence] most favorable to the Government, a reasonably-minded jury could accept the relevant evidence as adequate and sufficient to support the conclusion of the defendant’s guilt beyond a reasonable doubt”) (emphasis added); United States v. Jorgenson, 451 F. 2d 516, 521 (CA10) (whether, “considering the evidence in the light most favorable to the government, there is substantial evidence from which a jury might reasonably find that an accused is guilty beyond a reasonable doubt”) (emphasis added). Glasser v. United States, 315 U. S. 60, 80, has universally been understood as a case applying this criterion. See, e. g., Harding v. United States, 337 F. 2d 254, 256 (CA8). See generally 4 Orfield, supra n. 10, § 29.28.
The question whether the evidence is constitutionally sufficient is of course wholly unrelated to the question of how rationally the verdict
Application of the ' Thompson standard to assess the validity of a criminal conviction after Winship could lead to absurdly unjust results. Our cases have indicated that failure to instruct a jury on the necessity of proof of guilt beyond a reasonable doubt can never be harmless error. See Cool v. United States, 409 U. S. 100. Cf. Taylor v. Kentucky, 436 U. S. 478. Thus, a defendant whose guilt was actually proved by overwhelming evidence would be denied due process if the jury was instructed that he could be found guilty on a mere preponderance of the evidence. Yet a defendant against whom there was but one slender bit of evidence would not be denied due process so long as the jury has been properly instructed on the prosecution’s burden of proof beyond a reasonable doubt. Such results would be wholly faithless to the constitutional rationale of Winship.
The Virginia Supreme Court's order denying Jackson’s petition for writ of error does not make clear what criterion was applied to the petitioner’s claim that the evidence in support of his first-degree murder conviction was insufficient. See n. 4, supra. At oral argument, counsel for the petitioner contended that the Virginia sufficiency standard is not keyed to Winship. Counsel for the State disagreed. Under these circumstances, we decline to speculate as to the criterion that the state court applied. The fact that a state appellate court invoked the proper standard, however, although entitled to great weight, does not totally bar a properly presented claim of this type under § 2254.
The respondents have suggested that this constitutional standard will invite intrusions upon the power of the States to define criminal offenses. Quite to the contrary, the standard must be applied with explicit reference to the substantive elements of the criminal offense as defined by state law. Whether the State could constitutionally make the conduct at issue criminal at all is, of course, a distinct question. See Papachristou v. Jacksonville, 405 U. S. 156; Robinson v. California, 370 U. S. 660.