Colorado Jury Instruction - 1.9.2 Miscellaneous Issues Constructive Discharge

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US-11CF-1-9-2
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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

The instruction tells jurors that if they're ?firmly convinced? of the defendant's guilt, the crime has been proven beyond a reasonable doubt, but if they think there's a ?real possibility? the defendant isn't guilty, the prosecution didn't prove the crime beyond a reasonable doubt.

Wrongful Discharge: Constructive Discharge An employee may assert a wrongful discharge claim based on constructive discharge under federal civil rights laws and Colorado law.

In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. 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.

Before the recent update, the applicable jury instruction in Colorado defined reasonable doubt: ?Reasonable doubt means a doubt based upon reason and common sense which arises from a fair and rational consideration of all of the evidence, or the lack of evidence, in the case.

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.

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.

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Colorado Jury Instruction - 1.9.2 Miscellaneous Issues Constructive Discharge