Colorado Jury Instruction - False Declaration - Before Grand Jury

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US-11CRO-50
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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

Another example of reasonable doubt in a DUI case is if the arresting officer failed to follow proper procedure or they didn't have probable cause. If the defense can demonstrate that there were flaws or any form of negligence in the arrest, this may be enough to cast reasonable doubt on the guilt of the accused.

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.

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.

If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).

Any illness or medical condition that would prohibit you from appearing for jury duty will require a written doctor's statement. Additionally, if you are over 70 and have a hardship, you may have cause for an exemption.

The court may instruct the jury before or after the arguments are completed, or at both times.

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.

More info

This instruction, stating the general rule that a false statement about a future event does not constitute an actionable misrepresentation, is supported by ... The instruction suggested in the Note is modeled after COLORADO JURY INSTRUCTIONS – ... (3) A false affirmation or declaration is perjury in the first degree. 2 ...The second step is my reading of these instructions to you. Next will be the opening statements. The government in its opening statement will tell you what ... Rule 30 - Instructions. A party who desires instructions shall tender his proposed instructions to the court in duplicate, the original being unsigned. These model jury instructions are written and organized by judges who are appointed to the Ninth Circuit Jury Instructions Committee by the Chief Circuit Judge. Mar 10, 1994 — Count III requires the government to prove beyond a reasonable doubt that the defendant acted with a specific intent to commit fraud. To act ... Jan 17, 2020 — "Perjured testimony is an obvious and flagrant affront to the basic concepts of judicial proceedings." United States v. Mandujano, 425 U.S. 564, ... False Declaration (Perjury) Before a Court or Grand. Jury 18 U.S.C. § 1623(a) ... This instruction must be given when a prior inconsistent statement which does ... This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to ... (a) Summoning a Grand Jury. (1) In General. When the public interest so requires, the court must order that one or more grand juries be summoned.

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