Utah Reasonable Doubt-Closing is an instruction given to a jury at the conclusion of a criminal trial in the state of Utah. This instruction involves the judge providing a definition of reasonable doubt and examples of how it applies to the case. The instruction is intended to help jurors understand the legal standard for determining guilt or innocence. There are two types of reasonable doubt-closing instructions in Utah: the traditional instruction and the modified instruction. The traditional instruction is more detailed and requires the judge to explain the concept of reasonable doubt and provide examples of how it applies to the case. The modified instruction is shorter and less detailed. It only requires the judge to provide a brief definition of reasonable doubt and direct the jury to consider the evidence presented during the trial.
Utah Reasonable Doubt-Closing.
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(a)(1) A person arrested and delivered to a correctional facility without a warrant for an offense must be presented without unnecessary delay before a magistrate for the determination of probable cause and eligibility for pretrial release pursuant to Utah Code § 77-20-1.
(a) Right to Counsel. Upon arraignment, except for an infraction, a defendant must be represented by counsel, unless the defendant waives counsel in open court. The defendant must not be required to plead until the defendant has had a reasonable time to confer with counsel.
All Utah criminal infractions must be prosecuted within 1 year or the statute of limitations bars the public prosecution. See Utah Code Ann. 76-1-302 (2017).
Rule 6 - Warrant of Arrest or Summons (a) Upon the filing of an indictment, or upon the acceptance of an information by a judge, the court must set the case for an initial appearance or arraignment, as appropriate.
No person shall be convicted unless by verdict of a jury, or upon a plea of guilty or no contest, or upon a judgment of a court when trial by jury has been waived or, in case of an infraction, upon a judgment by a magistrate.
Upon application of either party and a showing of good cause, the court may allow up to a seven day continuance of the hearing to allow for preparation, including notification to any victims. The court may allow more than seven days with the consent of the defendant.
When a party does not know the name of an opposing party, it may state that fact in the pleadings, and designate the opposing party in a pleading by any name. When the true name of the opposing party becomes known, the pleading must be amended.
Upon the entry of a plea or verdict of guilty or plea of no contest, the court must set a time for imposing sentence which shall be not less than 2 nor more than 45 days after the verdict or plea, unless the court, with the concurrence of the defendant, otherwise orders.