Vermont Jury Instruction - Intentional Violation Of A Known Legal Duty - As Proof Of Willfulness
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FAQ
In criminal cases, the prosecution is required to prove the defendant's guilt beyond a reasonable doubt. This means that the evidence presented must be so convincing that no reasonable person could have any doubts about the defendant's guilt.
Whereas, in a civil trial, a party may prevail with as little as 51 percent probability (a preponderance), those legal authorities who venture to assign a numerical value to ?beyond a reasonable doubt? place it in the certainty range of 98 or 99 percent.
The ?preponderance of the evidence standard? is the standard of proof in many civil cases/civil trials where the plaintiff has to show that it is more likely than not that a fact is true. Most jurisdictions say that ?more likely than not? means that it is more than 50 percent likely that a fact is true.
In a criminal offense trial, all 12 jurors must agree on a judgment, whether it is a guilty verdict or otherwise, to reach a unanimous decision. If the jurors are unable to reach a unanimous verdict, the trial may result in a hung jury. Even if only one juror disagrees, a hung jury may occur.
In a criminal case, the burden of proof must be beyond a reasonable doubt. In civil cases, the burden of proof is by a preponderance of the evidence. The judge will explain what these terms mean for a given case in the jury instructions.
Beyond reasonable doubt This is the highest standard used as the burden of proof in Anglo-American jurisprudence and typically only applies in juvenile delinquency proceedings, criminal proceedings, and when considering aggravating circumstances in criminal proceedings.
In the cited study, questionnaires quantify the beyond a reasonable doubt standard as a percentage. Those judges who responded split roughly into thirds. One-third reported beyond a reasonable doubt to be at 100 percent certainty. One-third reported it at 90 or 95 percent.
Judge's Instructions on the Law This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict. You must consider all of the instructions and give them equal consideration.