Colorado Jury Instruction - 1.9.3 Miscellaneous Issues Retaliation
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FAQ
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
The preponderance of evidence can be used to support one party's argument over another. If a plaintiff can provide sufficient evidence that their version of events is more likely than not, they will have a better chance at reaching a successful outcome in court.
The defendant must prove [duress] [coercion] [compulsion] by a preponderance of the evidence. A preponderance of the evidence means that you must be persuaded that the things the defendant seeks to prove are more probably true than not true.
Stated another way, a preponderance of the evidence means the greater weight of the evidence. It refers to the quality and persuasiveness of the evidence, not to the number of witnesses or documents.
Rule 24 - Trial Jurors (a) Orientation And Examination Of Jurors. An orientation and examination shall be conducted to inform prospective jurors about their duties and service and to obtain information about prospective jurors to faciliate an intelligent exercise of challenges for cause and peremptory challenges.
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.
If the court finds merit to the objection, the counsel making the peremptory challenge must provide reasons that do not demonstrate intentional bias. During jury selection in criminal trials, each side is allowed three peremptory challenges for misdemeanor trials and five for felony trials.
If the offense charged is punishable by death, each side is entitled to 20 peremptory challenges. If the offense charged is punishable by imprisonment for more than one year, the government is entitled to 6 peremptory challenges and the defendant or defendants jointly to 10 peremptory challenges.
?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.
The preponderance of the evidence standard is used in civil cases, where one party is seeking damages or other forms of relief from another party. This standard requires the party with the burden of proof to show that it is more likely than not that their version of events is true.