Utah Presumption of Innocence

State:
Multi-State
Control #:
US-00888
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample jury instruction regarding the Presumption of Innocence in a criminal trial. The language is for model purposes only and may not comply with your state's jury instruction law, which is heavily governed by case law. You must confirm that the language in the jury instruction is acceptable in your state. Available in Word and Rich Text formats.

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FAQ

An example of preponderance of evidence is presenting enough evidence to convince a civil court that a plaintiff's dust allergies were caused by a faulty air conditioning unit, rather than their incorrect installation of the unit. The court does not need to be 100% convinced by this.

?Preponderance? is taken to mean a majority, 51%, or other equivalent measures that imply that the defendant more likely than not committed the act. ?Beyond a reasonable doubt? is a more difficult standard to define, but it clearly requires a much higher level of certainty than does preponderance of the evidence.

In most civil cases, the jury must apply the ?preponderance of the evidence? standard of proof. This means that, to win, the plaintiff's lawyer must prove to the jury that the plaintiff's side of the story is more likely than not.

(1) (b) A person is justified in using force intended or likely to cause death or serious bodily injury only if the person reasonably believes that force is necessary to prevent death or serious bodily injury to the person or a third person as a result of another person's imminent use of unlawful force, or to prevent ...

A person is guilty of intoxication if the person is under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors, to a degree that the person may endanger the person or another, in a public place or in a private place where the person unreasonably disturbs other ...

To meet the preponderance of the evidence standard, the plaintiff would need to provide evidence that shows it is more likely than not that the defendant was negligent and caused the injury. This could include witness testimony, medical records, and other evidence that supports their claim.

Preponderance of evidence - Evidence which is (even minimally) of greater weight or more convincing than the evidence which is offered in opposition to it. This is the standard by which a plaintiff must prove his/her case in a civil suit.

Utah Code §76-9-702.2 In Utah, it is illegal for anyone to intentionally photograph and record a non-consenting person: o In a place where that person should expect to have privacy.

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Utah Presumption of Innocence