Washington Jury Instructions - Defendant's Failure to Testify
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How to fill out Jury Instructions - Defendant's Failure To Testify?
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FAQ
Proof beyond a reasonable doubt is proof that leaves you firmly convinced the defendant is guilty. 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.
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.
Such an instruction provides generally that if a party fails to produce a witness within his power to produce, the jury may infer that the testimony would have been adverse to that party (if it was under the party's control, if it could have been produced by the exercise of reasonable diligence, if it was not equally ...
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.
The defendant has no burden of proving that a reasonable doubt exists [as to these elements]. A defendant is presumed innocent. This presumption continues throughout the entire trial unless during your deliberations you find it has been overcome by the evidence beyond a reasonable doubt.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
For example, when some say that ?beyond a reasonable doubt? should be understood to mean that the jurors should not convict a defendant unless they conclude that there is at least a very high probability (for example, 95 percent) that he committed the crime, they might mean that if the same evidence was presented to ...