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.