2021) (upholding model instruction but remanding due to prosecutor’s misleading comments which compared the reasonable doubt standard to making casual, everyday decisions) United States v. The Ninth Circuit has repeatedly upheld this instruction. On the other hand, if after a careful and impartial consideration of all the evidence, you are convinced beyond a reasonable doubt that the defendant is guilty, it is your duty to find the defendant guilty. If after a careful and impartial consideration of all the evidence, you are not convinced beyond a reasonable doubt that the defendant is guilty, it is your duty to find the defendant not guilty. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence. It is not required that the government prove guilt beyond all possible doubt.Ī reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. Proof beyond a reasonable doubt is proof that leaves you firmly convinced the defendant is guilty.
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