Tennessee Presumption of Innocence

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

3.02 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.

In simple terms, it means that the court considers someone accused of a crime innocent of that crime unless the facts prove their guilt. For example, if Bill accuses Katie of stealing his sandwich, the legal system assumes Katie's innocence until Bill can prove her guilt.

Besides requiring the government to prove your guilt beyond a reasonable doubt, the presumption of innocence offers various protections that include: 5th Amendment right against self-incrimination. 5th Amendment right to remain silent. 6th Amendment right to a lawyer.

The presumption of innocence is not guaranteed in the U.S. Constitution. However, through statutes and court decisions?such as the U.S. Supreme Court case of Taylor v. Kentucky?it has been recognized as one of the most basic requirements of a fair trial.

Which amendment states you are innocent until proven guilty? The 5th and 6th amendments both deals with the concept of innocent until proven guilty.

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Tennessee Presumption of Innocence