North Carolina Jury Instruction - Failure To File Tax Return
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FAQ
When jurors cannot agree on a verdict and report this to a judge, the judge may issue further instruction to them to encourage those in the minority to reconsider their position. These instructions are known as an Allen charge or, more casually, as a dynamite charge.
The burden of proof is a legal standard that requires parties to provide evidence to demonstrate that a claim is valid. Three levels of the burden of proof, "beyond a reasonable doubt," a "preponderance of the evidence," and "clear and convincing" determine the level of evidence required for a claim. Colorado Law.
No one can be convicted of a crime in North Carolina unless the prosecution can prove that they are guilty beyond a reasonable doubt. The term ?beyond a reasonable doubt? implies that any reasonable person would have no doubt left in their mind about a person's guilt.
The burden of proving guilt beyond a reasonable doubt falls entirely on the prosecution. They must present strong and convincing evidence that leaves no room for any reasonable alternative explanations.
Verbiage in particular for North Carolina is as follows: ?A reasonable doubt is a doubt based on reason and common sense, arising out of some or all of the evidence that has been presented, or lack or insufficiency of the evidence, as the case may be.
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.