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.]