ABSTRACT
A verdict that a defendant is guilty or liable can carry two different meanings and project two different rules. The verdict can articulate a legal rule: "You did the thing enjoined by the law; therefore, you will pay the penalty." This message encourages each of us to conform our conduct to the behavioral norms embodied in the substantive law. Alternatively, the verdict can emphasize a proof rule: "We will convict and punish you only if your violation is proved by due process of law." This message invites people to act not according to what they know is lawful, but according to what they think can be proved against them.1 While the legal system requires judges to heed the proof rule, it encourages citizens to heed the legal rule and to conduct themselves accordingly. A primary objective of the judicial process, then, is to project to society the legal rules that underlie judicial verdicts.2
