• 2004 - Proof Beyond a Reasonable Doubt
  • K-1.10
    • Burden Of Proof
    • Evidence
    • Reasonable Doubt
    • Introductory Instructions - Basic
    • Introductory Instructions - Basic
  • The State must prove all of the essential elements of the crime charged by proof beyond a reasonable doubt. In other words, if you have a reasonable doubt that the Defendant committed the crime, then you must find the Defendant not guilty.

     

    The State is not required to prove guilt beyond all doubt, but beyond a reasonable doubt.

     

    You should find the Defendant guilty only if you have a firm and abiding conviction of the Defendant's guilt based on a full and fair consideration of the evidence presented in the case and not from any other source.

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    • City of Minot v. Rubbelke, 456 NW2d 511 (ND 1990)
    • Stae v. Bancroft, 137 NW 37 (ND 1912)
    • State v. Azure, 525 NW2d 654 (ND 1994)
    • State v. Jahner, 2003 ND 36, 657 NW2d 266
    • State v. Liberman, 229 NW 363 (ND 1930)
    • State v. Montgomery, 83 NW 873 (ND 1900)
    • State v. Schneider, 550 NW2d 405 (ND 1996)
  • Notes: