Washington 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

Under U.S. law, a defendant is considered innocent until proven guilty. Reasonable doubt stems from insufficient evidence. If it cannot be proved without a doubt that the defendant is guilty, that person should not be convicted.

The burden of proving guilt beyond a reasonable doubt falls entirely on the prosecution. They must present strong and convincing evidence that leaves no room for any reasonable alternative explanations.

The presumption of innocence until proven guilty means that the burden of proof is always on the government to satisfy you that [defendant] is guilty of the crime with which [he/she] is charged beyond a reasonable doubt.

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.

Children under the age of eight years are incapable of committing crime. Children of eight and under twelve years of age are presumed to be incapable of committing crime, but this presumption may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong.

The ?beyond a reasonable doubt? standard is the highest standard of proof that may be imposed upon a party at trial, and it is the main standard used in criminal cases.

Clear and convincing evidence is evidence that produces in your minds a firm belief or conviction that the allegations sought to be proved by the evidence are true.

Whereas, in a civil trial, a party may prevail with as little as 51 percent probability (a preponderance), those legal authorities who venture to assign a numerical value to ?beyond a reasonable doubt? place it in the certainty range of 98 or 99 percent.

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Washington Presumption of Innocence