Vermont Jury Instruction - Caution - Multiple Defendants - Multiple Counts
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FAQ
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.
In all criminal trials the Crown must prove each and every essential element beyond a reasonable doubt. The standard of "reasonable doubt" consists of a doubt based on reason and common sense which must be logically based upon the evidence or lack of evidence. It is not based on "sympathy or prejudice."
In numbers, clear and convincing evidence is about 75% likely. In other words, a factfinder (or a judge or jury) must be able to use the evidence presented to determine that it is highly and substantially more likely that a particular fact is true rather than untrue.
In criminal law the burden of proof lies completely with the Crown. There is no doubt that it is a heavy and onerous burden and completely favours the accused. The Crown has to prove beyond a reasonable doubt that the accused has committed a crime.
To get to ?beyond reasonable doubt? the prosecution needs to convince the jury that there is no other reasonable explanation for what occurred other than the guilt of the person charged.
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.
Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
