Ohio Jury Instruction - Identification Testimony

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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

Eyewitness identification is where a witness recalls the perpetrator of a crime. Witnesses base their identification on the actual physical perception of the crime. Identification is not based on hearsay or rumor.

Proof beyond a reasonable doubt means proof which is so convincing that you would not hesitate to rely and act on it in making the most important decisions in your own lives. If you are convinced that the Government has proved Defendant guilty beyond a reasonable doubt, say so by returning a guilty verdict.

The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.

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.

(E) "Reasonable doubt" is present when the jurors, after they have carefully considered and compared all the evidence, cannot say they are firmly convinced of the truth of the charge. It is a doubt based on reason and common sense.

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.

606.31 BURDEN OF PROOF; REASONABLE DOUBT; SELF-DEFENSE. (a) Every person accused of an offense is presumed innocent until proven guilty beyond a reasonable doubt, and the burden of proof for all elements of the offense is upon the prosecution.

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Ohio Jury Instruction - Identification Testimony