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Criminal Jury Instructions

Criminal Jury Instructions Home

2.2-2  Burden of Proof

Revised to December 1, 2007

The state has the burden of proving that the defendant is guilty of the crime with which (he/she) is charged.  The defendant does not have to prove (his/her) innocence.  This means that the state must prove beyond a reasonable doubt each and every element necessary to constitute the crime charged.

Whether the burden of proof resting upon the state is sustained depends not on the number of witnesses, nor on the quantity of the testimony, but on the nature and quality of the testimony.  Please bear in mind that one witness's testimony is sufficient to convict if it establishes all the elements of the crime beyond a reasonable doubt.


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