….. i think he is probably guilty and where he belongs…..
I deleted the name because this is not about the speaker, but a bedrock principle in American law.
If one thinks, based on the evidence*, that a
criminal defendant is "
probably guilty," one has a sworn duty and obligation as juror to find the defendant "
not guilty." Not
adequately proven guilty. Which is not to make a claim about innocence.
This is because in a criminal case, the government is seeking to deprive a free citizen of his or her
life and
liberty. If there is one or more doubts, even when there may be
many more reasons to be persuaded of guilt, the highest burden of proof has not been met.
The cause of confusion appears to be that in
civil cases the standard is merely "a preponderance of evident." There's your "probably." "Most" of the evidence.
This is because civil cases are "only" about money, if I may put it bluntly. The government depriving free citizens of life and liberty (making them "slaves" of the state, in essence) by design calls for even more justification than disputes between free citizens about
property, however large the sums.
There is more juror leeway in cases about damages or awards of money than in cases involving death or incarceration.
*As several people have noted, we don't have the evidence before us here.