SEQ CHAPTER \h \r 1CR04-101 05/25/05

BURDEN OF PROOF

The State bears the burden of proof.  This means that the State must prove each of the essential elements of the crime charged beyond a reasonable doubt.  This burden of proof remains on the State throughout the trial.  (Def)_______________ does not have to prove that [he] [she] is innocent. [He] [She] is not required to call any witnesses, or to present any evidence, or to testify on [his] [her] own behalf.

REASONABLE DOUBT

The State’s burden is to prove guilt beyond a reasonable doubt.  The State does not have to prove guilt beyond all possible doubt.  A reasonable doubt is a doubt based on reason and common sense, which comes from a fair and rational consideration of the evidence or lack of evidence in the case.  It is not a vague, speculative, or imaginary doubt.  No defendant may be convicted on suspicion or conjecture.  If you have a reasonable doubt, you must find (Def)_______________ not guilty even if you think that the charge is probably true.

If, after you have considered all of the evidence and these instructions, you have a reasonable doubt, then you must find (Def)_______________ not guilty.  On the other hand, if you are convinced beyond a reasonable doubt that the State has proven each of the essential elements of the crime charged, then you must find [him] [her] guilty.