Example Jury Instructions

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Introduction

The following contains quotations of instructions that were considered by appellate courts as being adequate in certain circumstances.

Proof Beyond a Reasonable Doubt

It must be explained that:

• "the standard of proof beyond a reasonable doubt is inextricably intertwined with that principle fundamental to all criminal trials, the presumption of innocence;"
• "the burden of proof rests on the prosecution throughout the trial and never shifts to the accused;"
• "a reasonable doubt is not a doubt based upon sympathy or prejudice;"
• "rather, it is based upon reason and common sense;"
• "it is logically connected to the evidence or absence of evidence;"
• "it does not involve proof to an absolute certainty; it is not proof beyond any doubt nor is it an imaginary or frivolous doubt;" and
• "more is required than proof that the accused is probably guilty ‑‑ a jury which concludes only that the accused is probably guilty must acquit."

Admissions

• "An admission stands in the place of and renders unnecessary testimony or exhibits to prove what has been admitted. Jurors are to take what is admitted as proven fact and consider the facts admitted, along with the rest of the evidence in deciding the case."

Challenge for Cause

Race

• "Thinking about your own beliefs, would your ability to judge the evidence in this case without bias, prejudice or partiality, be affected by the fact that [accused] is black?"