As the Supreme Court of the United States has observed, ??[a]lthough this standard is an ancient and honored aspect of our criminal justice system, it defies easy explication.?? Victor v. Nebraska, 511 U.S. 1, 5 (1994); see also United States v. Rodriguez, 162 F.3d 135, 145 (1st Cir. 1998), cert. denied 119 S. Ct. 2034 (1999) (??The term ??beyond a reasonable doubt?? is one of the most bandied, bu