Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1096-5

Filed 03/30/2007

Page 1 of 1

INSTRUCTION NO. G-4 PRESUMPTION OF INNOCENCE--BURDEN OF PROOF--REASONABLE DOUBT I instruct you that you must presume all of the defendants to be innocent of the crimes charged. Thus the defendants, although accused of crimes in the indictment, begin the trial with a "clean slate"­with no evidence against them. The indictment, as you already know, is not evidence of any kind. The defendants are, of course, not on trial for any act or crime not contained in the indictment. The law permits nothing but legal evidence presented before the jury in court to be considered in support of any charge against the defendants. The presumption of innocence alone, therefore, is sufficient to acquit the defendants. The government has the burden of proving each defendant guilty beyond a reasonable doubt. The law does not require a defendant to prove his innocence or produce any evidence at all. The government has the burden of proving the defendant whose case you are considering guilty beyond a reasonable doubt, and if it fails to do so, you must find that defendant not guilty. Proof beyond a reasonable doubt is proof that leaves you firmly convinced of each defendant's guilt. There are 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. It is only required that the government's proof exclude any "reasonable doubt" concerning the defendants' guilt. A reasonable doubt is a doubt based on reason and common sense after careful and impartial consideration of all the evidence in the case. If, based on your consideration of the evidence, you are firmly convinced that the defendant whose case you are considering is guilty of the crime charged, you must find him guilty. If on the other hand, you think there is a real possibility that he is not guilty, you must give him the benefit of the doubt and find him not guilty. Criminal Pattern Jury Instructions (Tenth Circuit), No. 1.05 (2005); O'Malley, Grenig, & Lee, Federal Jury Practice & Instructions, § 1210 (5th ed. 2005) (combined).