SEQ CHAPTER \h \r 1CR04-121 07/29/05
PROOF BY A PREPONDERANCE OF THE EVIDENCE
Proof by a preponderance of the evidence means that the [defense] [issue to be proven] is more likely true than not true. This burden of proof is less than the burden of proof beyond a reasonable doubt.
[In order to understand the expression, “proof by a preponderance of the evidence,” imagine that you are weighing the evidence of the respective parties with a balance scale. On one side of the balance is the evidence of (Def)_______________ attempting to meet the burden of proof, and on the other side of the balance is the evidence of the State. If (Def)_______________’s evidence tips the scale down, then [he] [she] has met [his] [her] burden, and you must decide that issue in [his] [her] favor. If the State’s evidence tips the scale down, or if the scales hang even, then (Def)_______________ has not met [his] [her] burden, and you must decide that issue in favor of the State.]