New Mexico Jury Instruction - Counterfeiting
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FAQ
The prosecution must prove ?each material allegation? made against the defendant beyond a reasonable doubt. A reasonable doubt is ?not a mere possible doubt, a speculative, imaginary or forced doubt.? A reasonable doubt can ?arise from the evidence, conflict in the evidence, or the lack of evidence.?
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).
Florida Standard Jury Instruction 3.6(k) provides as follows: An issue in this case is whether the defendant acted out of duress in committing the crime of ( crime charged). It is a defense to ( crime charged) if the defendant acted out of duress.
A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt. Such a doubt must not influence you to return a verdict of not guilty if you have an abiding conviction of guilt.
Section 8.02 - Mistake of Fact (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
Presumption of Innocence: The judge will instruct the jury that the defendant is presumed innocent until proven guilty beyond a reasonable doubt. They should not assume guilt but must consider all the evidence presented during the trial.
A jury will be instructed at trial in a case pursued on a principal theory that a principal must be treated as if he or she had done all the things the other person or persons did.
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.