Colorado Jury Instructions - Defendant's Failure to Testify
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FAQ
Any person who fails to show good cause for noncompliance with a summons may be subject to a fine up to $1000, imprisonment up to three days, community service, or any combination thereof.
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.
Reason for Disqualification I am not a Citizen of the United States. I am not Eighteen years of age or older. * NOTE: You must submit a birth certificate or state issued id via fax, mail, or email in order to be excused. I am not a resident of Colorado and will NOT return to reside in Colorado in the next 12 months.
If the jury has a reasonable doubt, the defendant must be acquitted.
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. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.
It is the duty of jurors to assess all available evidence and determine if any reasonable person would have any doubts about the defendant's guilt. If the defense can successfully raise sufficient doubt regarding even one element of the alleged crime, the jurors must find the defendant innocent.
In a criminal case, the defendant is presumed to be innocent, and before (he)(she) may be found guilty, the People must prove (his)(her) guilt beyond a reasonable doubt. If the jury has a reasonable doubt, the defendant must be acquitted.
