California Jury Instruction - False Declaration - Before Grand Jury
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How to fill out Jury Instruction - False Declaration - Before Grand Jury?
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FAQ
CALCRIM number 224 states that, ?before your may rely on circumstantial evidence to find the defendant guilty, you must be convinced that the only reasonable conclusion supported by the evidence is that defendant is guilty.
Instruction 103 on Reasonable Doubt states that ?Whenever I tell you the People must prove something, I mean they must prove it beyond a reasonable doubt [unless I specifically tell you otherwise].? Thus, when the concept of reasonable doubt is explained and defined, the jury is told that it is the standard that ...
A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."
A grand jury focuses on preliminary criminal matters only and assesses evidence presented by a prosecutor to determine whether there is ?probable cause? to believe an individual committed a crime and should be put on trial.
California Code, Evidence Code - EVID § 115 ?Burden of proof? means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.
Failure to Explain or Deny Adverse Evidence.
The court may instruct the jury before or after the arguments are completed, or at both times.
?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.