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SERIES 200 POST-TRIAL: INTRODUCTORY

F 221.1 PRESUMPTION OF INNOCENCE: NO BIAS BECAUSE DEFENDANT ARRESTED AND CHARGED
F 221.2 PRESUMPTION OF INNOCENCE: PROOF OF EACH ELEMENT BEYOND A REASONABLE DOUBT
F 221.3 REASONABLE DOUBT DEFINED
F 221.4 JURORS MUST IMPARTIALLY CONSIDER ALL THE EVIDENCE; UNLESS GUILT PROVEN BEYOND A REASONABLE DOUBT JURORS MUST FIND DEFENDANT NOT GUILTY

TABLE OF CONTENTS
F 221.1 PRESUMPTION OF INNOCENCE: NO BIAS BECAUSE DEFENDANT ARRESTED AND CHARGED
F 221.1 Inst 1 No Bias Against Defendant
F 221.1 Inst 2 Modification Where Defendant Self-Surrendered
F 221.1 Inst 3 (a & b) Charging Document Does Not Permit An Inference Of Guilt
F 221.1 Inst 4 Jury Not To Consider Indictment As Evidence
F 221.1 Inst 5 Burden Of Proof Never Shifts To Defendant

F 221.2 PRESUMPTION OF INNOCENCE: PROOF OF EACH ELEMENT BEYOND A REASONABLE DOUBT
F 221.2 Inst 1 Prosecutor Must Prove Every Essential Fact
F 221.2 Inst 2 Prosecutor Must Prove Every Essential Element

F 221.3REASONABLE DOUBT DEFINED
F 221.3 Inst 1 Comparison Of Burdens: “Abiding Conviction” Should Be Defined To Avoid Confusion With The Clear And Convincing Evidence Standard
F 221.3 Inst 2 (a-j) Juror May Have A Reasonable Doubt Based On A Lack Of Evidence
F 221.3 Inst 3 Definition Of “Abiding” As Lasting And Permanent
F 221.3 Inst 4 Abiding Conviction Requires More Than “Strong And Convincing Belief”
F 221.3 Inst 5 (a & b) Reasonable Doubt May Be Based On Conflict In The Evidence
F 221.3 Inst 6 Abiding Conviction Requires That Jurors Be More Than “Firmly Convinced” Of The Defendant’s Guilt

F 221.4 JURORS MUST IMPARTIALLY CONSIDER ALL THE EVIDENCE; UNLESS GUILT PROVEN BEYOND A REASONABLE DOUBT JURORS MUST FIND DEFENDANT NOT GUILTY
F 221.4 Inst 1 Any Juror With Reasonable Doubt Must Vote To Acquit
F 221.4 Inst 2 Presumption Of Innocence Should Be Applied To Each Defendant Individually
F 221.4 Inst 3 Burden Of Proof: Definition Of Burden
F 221.4 Inst 4 (a & b) Rejection Or Disbelief Of Defense Evidence Does Not Satisfy The Prosecution’s Burden Of Proof
F 221.4 Inst 5 Prosecution Bound by Defendant’s Statement Unless Contrary Evidence Presented
F 221.4 Inst 6 Duty To Presume Defendant Innocent: No Necessity For Defendant To Produce Evidence
F 221.4 Inst 7 Clarification Of The Burden Of Proof When One Defendant Points The Finger At Another
F 221.4 Inst 8 Strong Suspicion No Substitute For Proof Beyond A Reasonable Doubt

Return to Series 200 Table of Contents.


F 221.1 PRESUMPTION OF INNOCENCE: NO BIAS BECAUSE DEFENDANT ARRESTED AND CHARGED

F 221.1 Inst 1 No Bias Against Defendant

See FORECITE F 103.1 Inst 1.


F 221.1 Inst 2 Modification Where Defendant Self-Surrendered

See FORECITE F 103.1 Inst 2.


F 221.1 Inst 3 (a & b) Charging Document Does Not Permit An Inference Of Guilt

See FORECITE F 103.1 Inst 3.


F 221.1 Inst 4 Jury Not To Consider Indictment As Evidence

See FORECITE F 103.1 Inst 4.


F 221.1 Inst 5 Burden Of Proof Never Shifts To Defendant

See FORECITE F 103.1 Inst 5.


F 221.2 PRESUMPTION OF INNOCENCE: PROOF OF EACH ELEMENT BEYOND A REASONABLE DOUBT

F 221.2 Inst 1 Prosecutor Must Prove Every Essential Fact

See FORECITE F 103.2 Inst 1.


F 221.2 Inst 2 Prosecutor Must Prove Every Essential Element

See FORECITE F 103.2 Inst 2.


F 221.3 REASONABLE DOUBT DEFINED

F 221.3 Inst 1 Comparison Of Burdens: “Abiding Conviction” Should Be Defined To Avoid Confusion With The Clear And Convincing Evidence Standard

See FORECITE F 103.3 Inst 1.


F 221.3 Inst 2 (a-j) Juror May Have A Reasonable Doubt Based On A Lack Of Evidence

See FORECITE F 103.3 Inst 2 (a-j).


F 221.3 Inst 3 Definition Of “Abiding” As Lasting And Permanent

See FORECITE F 103.3 Inst 3.


F 221.3 Inst 4 Abiding Conviction Requires More Than “Strong And Convincing Belief”

See FORECITE F 103.3 Inst 4.


F 221.3 Inst 5 (a and b) Reasonable Doubt May Be Based On Conflict In The Evidence

See FORECITE F 103.3 Inst 5 (a and b).


F 221.3 Inst 6 Abiding Conviction Requires That Jurors Be More Than “Firmly Convinced” Of The Defendant’s Guilt

See FORECITE F 103.3 Inst 6.


F 221.4 JURORS MUST IMPARTIALLY CONSIDER ALL THE EVIDENCE; UNLESS GUILT PROVEN BEYOND A REASONABLE DOUBT JURORS MUST FIND DEFENDANT NOT GUILTY

F 221.4 Inst 1 Any Juror With Reasonable Doubt Must Vote To Acquit

See FORECITE F 103.4 Inst 1.


F 221.4 Inst 2 Presumption Of Innocence Should Be Applied To Each Defendant Individually

See FORECITE F 103.4 Inst 2.


F 221.4 Inst 3 Burden Of Proof: Definition Of Burden

See FORECITE F 103.4 Inst 3.


F 221.4 Inst 4 (a & b) Rejection Or Disbelief Of Defense Evidence Does Not Satisfy The Prosecution’s Burden Of Proof

See FORECITE F 103.4 Inst 4.


F 221.4 Inst 5 Prosecution Bound by Defendant’s Statement Unless Contrary Evidence Presented

See FORECITE F 103.4 Inst 5.


F 221.4 Inst 6 Duty To Presume Defendant Innocent: No Necessity For Defendant To Produce Evidence

See FORECITE F 103.4 Inst 6.


F 221.4 Inst 7 Clarification Of The Burden Of Proof When One Defendant Points The Finger At Another

See FORECITE F 103.4 Inst 7.


F 221.4 Inst 8 Strong Suspicion No Substitute For Proof Beyond A Reasonable Doubt

See FORECITE F 103.4 Inst 8.

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