Colorado Jury Instruction - Note-Taking - Not Permitted

State:
Multi-State
Control #:
US-11CRT-2-2
Format:
Word; 
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Description

This is a model text for an instruction to jurors regarding the taking of notes. It explains that notes should not be taken, due to the desire that the collective memory of the jury be used during deliberations, and that all exhibits and recorded testimony will be made available to the jury at the time of deliberations. An annotation states that juror's note taking or not is within the discretion of the court.

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FAQ

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.

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.

A prospective trial or grand juror shall be disqualified, based on the following grounds: Being under the age of eighteen; Inability to read, speak, and understand the English language; Inability, by reason of a physical or mental disability, to render satisfactory juror service.

Although only one state expressly prohibits this practice, in most jurisdictions whether members of a jury are allowed to take notes will depend upon the discretion of the judge.

Any person who fails to show good cause for noncompliance with a summons may be subject to a fine up to $1000, imprisonment up to three days, community service, or any combination thereof.

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.

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.

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.

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Colorado Jury Instruction - Note-Taking - Not Permitted