Reasonable Doubt

1.    Reasonable Doubt May Be Based On Circumstantial Evidence Alone

SAMPLE INSTRUCTION:

SAMPLE INSTRUCTION # 1:

    Whenever I say that the government must "prove" something, I mean the government must prove that proposition beyond a reasonable doubt. Similarly, whenever I use the expression "if you find," "if you believe," or "if you decide," I mean you must find or believe or decide beyond a reasonable doubt.

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SAMPLE INSTRUCTION # 2:

    Whenever I say that the government must "prove" something, I mean the government must prove that proposition beyond a reasonable doubt. The only burden of proof that is involved in this case is the burden of the government to prove its case beyond a reasonable doubt. So whenever I talk about proof, I mean proof beyond a reasonable doubt. Similarly, whenever I use the expression, "if you find," "if you believe," or "if you decide," I mean you must find or believe or decide beyond a reasonable doubt. By giving you this explanation at the outset of these instructions I mean to avoid unnecessary repetition of the phrase "beyond a reasonable doubt."

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SAMPLE INSTRUCTION # 3:

    The indictment or formal charge against a defendant is not evidence of guilt. Indeed, the defendant is presumed by the law to be innocent. The law does not require a defendant to prove his innocence or produce any evidence at all, and no inference whatever may be drawn from the election of a defendant not to testify. The government has the burden of proving (him/her) guilty beyond a reasonable doubt, and if it fails to do so you must acquit (him/her).

    Thus, while the government's burden of proof is a strict or heavy burden, it is not necessary that the defendant's guilt be proved beyond all possible doubt. It is only required that the government's proof exclude any "reasonable doubt" concerning the defendant's guilt. A "reasonable doubt" is a real doubt, based upon reason and common sense after careful and impartial consideration of all the evidence in the case.

    Proof beyond a reasonable doubt, therefore, is proof of such a convincing character that you would be willing to rely and act upon it without hesitation in the most important of your own affairs. If you are convinced that the accused has been proved guilty beyond reasonable doubt, say so. If you are not convinced, say so.

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SAMPLE INSTRUCTION # 4:

    A reasonable doubt is a doubt based upon reason and common sense –– the kind of doubt that would make a reasonable person hesitate to act. Proof beyond a reasonable doubt, therefore, must be proof of such a convincing character that a reasonable person would not hesitate to rely and act upon it. However, proof beyond a reasonable doubt does not mean proof beyond all possible doubt.

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SAMPLE INSTRUCTION # 5:

    The United States Constitution prohibits the criminal conviction of any defendant except upon proof of guilt beyond a reasonable doubt. A conviction cannot stand where based on charges not made or tried. A conviction must rest upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which the defendant is charged. This standard of proof beyond a reasonable doubt means that you must reach a subjective state of near certitude of the guilt of the accused. No person shall be convicted except upon proof beyond a reasonable doubt of the existence of every element of the offense.

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    The burden of proving a defendant guilty beyond a reasonable doubt rests upon the [state] [government] [prosecution]. This burden never shifts throughout the trial. The law does not require a defendant to prove (his/her) innocence or to produce any evidence. [The defendant may rely upon evidence brought out on cross-examination of witnesses for the [state] [government].] If the prosecutor fails to prove a defendant guilty beyond a reasonable doubt, the jury must acquit (him/her).

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    If after discussing the testimony and all other evidence which relates to a particular issue, you find that the evidence is uncertain or inadequate to the point where you have to guess as to how the issue should be resolved, then the party having the burden of proof as to that issue has not met the required burden of proof. Your verdict must be based upon evidence that you believe, evidence from which you can find the existence of the facts which the party must prove to satisfy its burden of proof.

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    In determining the guilt or innocence of the defendant, you should scrutinize the evidence with the utmost care and caution. You should act with all the judgment, reason, prudence, and discrimination you possess. The burden of proving the defendant guilty of every element of the offense charged is upon the County of Kenosha. Such burden is to satisfy or convince you to a reasonable certainty by evidence that is clear, satisfactory, and convincing that the defendant is guilty as charged in the complaint.

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    As I have said many times, the state has the burden of proving the defendant guilty beyond a reasonable doubt. Some of you may have served as jurors in civil cases, where you were told that it is only necessary to prove a fact is more likely true than not true. In criminal cases, the state's proof must be more powerful than that. It must be beyond a reasonable doubt.

    Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant's guilt. There are very few things in this world that we know with absolute certainty, and in criminal cases the law does not require proof that overcomes every possible doubt. If, based on your consideration of the evidence, you are firmly convinced that the defendant is guilty or one or more of the crimes charged, you must find (him/eher) guilty. If on the other hand, you think there is a real possibility that (he/she) is not guilty, you must give (him/her) the benefit of the doubt and find (him/her) not guilty.

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SAMPLE INSTRUCTION # 1:

    [A] [The] defendant is presumed to be innocent of the charges. This presumption remains with the defendant throughout every stage of the trial and during your deliberations on the verdict, and is not overcome unless from all the evidence in the case you are convinced beyond a reasonable doubt that the defendant is guilty.

    The government has the burden of proving the guilt of the defendant beyond a reasonable doubt as to each and every element of each crime charged, and this burden remains on the government throughout the case. The defendant is not required to prove (his/her) innocence or to produce any evidence.

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SAMPLE INSTRUCTION # 2:

    The law presumes a defendant to be innocent of a crime. A defendant is therefore not required to prove (his/her) innocence nor to produce any evidence at all on his own behalf.

    The burden is upon the government to prove the quilt of a defendant and that guilt must be proved beyond a reasonable doubt.

    A reasonable doubt is a doubt based on reason, a doubt for which you can give a reason. It is such a doubt as will cause a juror, after a full and fair consideration of all the evidence, to be unable to say that he has an abiding conviction of the defendant's guilt.

    The government is not required to prove a defendant's guilt beyond all possible doubt. The test is one of reasonable doubt.

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SAMPLE INSTRUCTION # 3:

    This being a criminal case, the defendant enters the courtroom with the benefit of the presumption of innocence. That presumption continues throughout the case. It is the state that has the burden of proof. It has the burden of proof on each issue, and the burden of proof is proof beyond a reasonable doubt. That means you must be persuaded to a moral certainty. It means you must be persuaded as you would be persuaded about the most important concerns of your life.

    After all, possibly the liberty and certainly the honor, reputation and pride of this defendant are at stake here. To respect the defendant's vital interests, as well as society's vital interests, in order, in integrity and justice, it is most important that you should apply the rule that the state must persuade you beyond a reasonable doubt with respect to every essential element of the charged crime.

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SAMPLE INSTRUCTION # 4:

    A defendant in a criminal case is presumed by law to be innocent. That presumption remains with (him/her) throughout the trial unless and until (he/she) is proven guilty of the crime charged by credible evidence beyond a reasonable doubt. So the presumption of innocence alone is sufficient to acquit a defendant, unless you are satisfied beyond a reasonable doubt of the defendant's guilt after careful and impartial consideration of all the evidence in the case.

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SAMPLE INSTRUCTION # 5:

    The law presumes every person charged with the commission of an offense to be innocent. This presumption attends the defendant throughout the trial and prevails at its close unless overcome by evidence which satisfies the jury of his guilt to a reasonable certainty by evidence that is clear, satisfactory and convincing. The defendant is not required to prove its innocence.

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SAMPLE INSTRUCTION # 6:

    In reaching your verdict, examine the evidence with care and caution. Act with judgment, reason, and prudence.

    The defendant is not required to prove (his/her) innocence. The law presumes every person charged with the commission of an offense to be innocent. This presumption requires a finding of not guilty unless in your deliberations you find that the presumption is overcome by evidence which satisfies you beyond a reasonable doubt that the defendant is guilty.

    The burden of establishing every fact necessary to constitute guilt is upon the state at all times. Before you can return a verdict of guilty, the evidence must satisfy you beyond a reasonable doubt that the defendant is guilty.

    If you can reconcile the evidence upon any reasonable hypothesis consistent with the defendant's innocence, you must do so and find (him/her) not guilty.

    The term "reasonable doubt" means a doubt based upon reason and common sense. It is doubt for which a reason can be given, arising from a fair and rational consideration of the evidence or lack of evidence. It means such doubt as would cause a person of ordinary prudence to pause or hesitate when called upon to act in the most important affairs of life.

    While it is your duty to give the defendant the benefit of every reasonable doubt, you are not to search for doubt. You are to search for the truth and give the defendant the benefit of a reasonable doubt if it arises in your minds after you have carefully considered all the evidence in the case.

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SAMPLE INSTRUCTION # 7:

    In reaching your verdict, examine the evidence with care and caution. Act with judgment, reason, and prudence.

    Defendants are not required to prove their innocence. The law presumes every person charged with the commission of an offense to be innocent. This presumption requires a finding of not guilty unless in your deliberations you find it is overcome by evidence which satisfies you beyond a reasonable doubt that the defendant is guilty.

    The burden of establishing every fact necessary to constitute guilt is upon the State. Before you can return a verdict of guilty, the evidence must satisfy you beyond a reasonable doubt that the defendant is guilty.

    If you can reconcile the evidence upon any reasonable hypothesis consistent with the defendant's innocence, you must do so and return a verdict of not guilty.

    The term "reasonable doubt" means a doubt based upon reason and common sense. It is a doubt for which a reason can be given, arising from a fair and rational consideration of the evidence or lack of evidence. It means such a doubt as would cause a person of ordinary prudence to pause or hesitate when called upon to act in the most important affairs of life.

    A reasonable doubt is not a doubt which is based on mere guesswork or speculation. A doubt which arises merely from sympathy or from fear to return a verdict of guilt is not a reasonable doubt. A reasonable doubt is not a doubt such as may be used to escape the responsibility of a decision.

    While it is your duty to give the defendant the benefit of every reasonable doubt, you are not to search for doubt. You are to search for the truth and give the defendant the benefit of a reasonable doubt if it arises in your minds after you have carefully considered all the evidence in the case.

SAMPLE INSTRUCTION # 8:

    Since this is a criminal case, there are two basic rules you must keep in mind:

    First, the defendant is presumed innocent unless and until proved guilty beyond a reasonable doubt. The indictment is only an accusation. It does not prove anything. The defendant therefore starts out with a clean slate.

    Second, to convict, the government must prove beyond a reasonable doubt that the defendant is guilty. A defendant has the right to remain silent and never has to prove innocence or present any evidence. That the defendant may not testify is not to be held against the defendant.

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    It is sufficient for a finding of reasonable doubt that there exists an honorable, substantial misgiving founded on the evidence and not merely on speculation; that misgiving need not be so strong as to lead to the belief that innocence is more likely than not.

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    I have told you that the government must prove the defendant's guilt beyond a reasonable doubt. A reasonable doubt is a doubt based on reason and common sense. This means that you must return a not guilty verdict if, after you have considered all the evidence in this case, you have a doubt based on reason and common sense that the government has proved defendant's guilt. You may not convict on the basis of a mere suspicion. On the other hand, the government is not required to prove guilt beyond all possible doubt. You should return a guilty verdict if, but only if, you find the evidence so convincing that an ordinary person would be willing to make the most important decisions in his or her own life on the basis of such evidence.

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    Before you can find a defendant guilty of an offense, each of the elements of the offense must be proven beyond a reasonable doubt. If you are confused about the existence of any one of these elements, giving rise to a reasonable doubt as to its proof, you should not return a verdict of guilty.

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SAMPLE INSTRUCTION # 1:

    A reasonable doubt, while it is a doubt that is founded on reason, is not such a doubt for which you must be able to give a reason. If you have a substantial misgiving founded upon reason that the state has failed to prove one of the elements of an offense, you must acquit the defendant of that offense, even though you are unable to inform your fellow jurors why you have this doubt.

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SAMPLE INSTRUCTION # 2:

    A reasonable doubt, while it is a doubt that is founded on reason, is not such a doubt for which you must be able to give a reason. If you have a substantial misgiving founded upon reason that a defendant possessed the requisite intent, you must acquit that defendant even though you are unable to inform your fellow jurors why you have this doubt.

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