Arizona Presumption of Innocence

State:
Multi-State
Control #:
US-00888
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample jury instruction regarding the Presumption of Innocence in a criminal trial. The language is for model purposes only and may not comply with your state's jury instruction law, which is heavily governed by case law. You must confirm that the language in the jury instruction is acceptable in your state. Available in Word and Rich Text formats.

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FAQ

The ?beyond a reasonable doubt? standard is the highest standard of proof that may be imposed upon a party at trial, and it is the main standard used in criminal cases.

The presumption of innocence is a fundamental principle of the common law. The UN Human Rights Committee has stated that the presumption of innocence imposes on the prosecution the burden of proving the charge and guarantees that no guilt can be presumed until the charge has been proved beyond reasonable doubt.

Presumption of Innocence; Proof Beyond a Reasonable Doubt. It is a cardinal principle of our system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt.

Under U.S. law, a defendant is considered innocent until proven guilty. Reasonable doubt stems from insufficient evidence. If it cannot be proved without a doubt that the defendant is guilty, that person should not be convicted.

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.

What is an example of presumption of innocence? An example of the presumption of innocence would be if you were accused of murder, and the prosecution had to prove you were guilty. It is assumed you are innocent of the crime until the prosecution provides evidence proving that you are not.

Clear and convincing evidence is evidence that produces in your minds a firm belief or conviction that the allegations sought to be proved by the evidence are true.

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.

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Arizona Presumption of Innocence