Colorado Jury Instruction — 1.5.2 Reasonable Accommodation Claim refers to a specific instruction given to the jury during a trial involving a claim of reasonable accommodation under Colorado law. This instruction is used in cases where an individual alleges that they have been discriminated against based on a disability or other protected characteristic, and the defendant failed to provide reasonable accommodations to allow the individual to perform essential job functions or enjoy the benefits and privileges of the workplace. The purpose of this jury instruction is to provide guidance to the jury in determining whether the defendant, typically the employer, violated the reasonable accommodation requirements imposed by Colorado law. The instruction outlines the elements that the plaintiff must prove to establish a reasonable accommodation claim and directs the jury on the burden of proof they should apply. Some relevant keywords associated with this instruction include: 1. Colorado Law: The instruction pertains specifically to Colorado law, making it applicable to cases tried within the state's jurisdiction. 2. Reasonable Accommodation: Reasonable accommodation refers to adjustments or modifications made by employers to enable individuals with disabilities to perform essential job functions or access workplace benefits and privileges. This instruction guides the jury's understanding of what constitutes reasonable accommodation under Colorado law. 3. Discrimination: The instruction is relevant in cases where individuals claim that they have been discriminated against based on a disability or another protected characteristic. It helps the jury understand the connection between discrimination and the duty to provide reasonable accommodations. Different types of Colorado Jury Instruction — 1.5.2 Reasonable Accommodation Claim may include variations based on specific accommodations or disabilities being claimed. For example, there might be separate instructions for cases involving physical disabilities versus mental health conditions. However, the specific types of instructions would depend on the circumstances of each case, and there is no exhaustive list of variations available.
Colorado Jury Instruction - 1.5.2 Reasonable Accommodation Claim
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The instruction tells jurors that if they're ?firmly convinced? of the defendant's guilt, the crime has been proven beyond a reasonable doubt, but if they think there's a ?real possibility? the defendant isn't guilty, the prosecution didn't prove the crime beyond a reasonable doubt.
Reasonable doubt exists when you are not firmly convinced of the Defendant's guilt, after you have weighed and considered all the evidence. A Defendant must not be convicted on suspicion or speculation. It is not enough for the State to show that the Defendant is probably guilty.
Before the recent update, the applicable jury instruction in Colorado defined reasonable doubt: ?Reasonable doubt means a doubt based upon reason and common sense which arises from a fair and rational consideration of all of the evidence, or the lack of evidence, in the case.
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.