Guam 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

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.

As such, a prosecutor is required to prove beyond a reasonable doubt that the person committed the crime if that person is to be convicted. To do so, proof must be shown for every single element of a crime.

In order that there be a conviction, the quantity and quality of the evidence of guilt must be greater than the quantity and quality of the evidence of innocence. It must be such evidence that will prove guilt beyond a reasonable doubt or such evidence that will rebut the presumption of innocence.

Most people believe the phrase ?innocent until proven guilty? is found in the U.S. Constitution when, in fact, this is not the case. However, the concept does originate from the constitutional due process protections found in the 5th, 6th, 8th and 14th Amendments.

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.

The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty.

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.

A presumption of innocence means that any defendant in a criminal trial is assumed to be innocent until they have been proven guilty. As such, a prosecutor is required to prove beyond a reasonable doubt that the person committed the crime if that person is to be convicted.

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Guam Presumption of Innocence