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2.11-3 Conclusion: Guilty / Not Guilty
Revised to December 1, 2007
Note: This is a model conclusion for offense instructions, which is incorporated into all the instructions. It has alternative endings for when a general or affirmative defense has been raised.
Conclusion
In summary, the state must prove beyond a reasonable doubt that <summarize elements of offense.>
<Select one of the three alternative endings:>
If defendant has not raised a defense
If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of <insert name of offense>, then you shall find the defendant guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
If defendant has raised an affirmative defense
If you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements of the crime of <insert name of offense>, you shall then find the defendant not guilty and not consider (his/her) affirmative defense.
If you unanimously find that the state has proved beyond a reasonable doubt each of the elements, then you shall consider the defendant's affirmative defense. If you unanimously find that the defendant has proved (his/her) defense by a preponderance of the evidence, then you shall find the defendant not guilty. If, on the other hand, you unanimously find that the defendant has not proved (his/her) affirmative defense by a preponderance of the evidence, then you shall find the defendant guilty.
If defendant has raised a general defense
If you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements of the crime of <insert name of offense>, you shall then find the defendant not guilty and not consider (his/her) defense.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements, then you shall
consider the defense of <identify defense>. If you unanimously find
that the state has disproved beyond a reasonable doubt at least one of the
elements of the defense, you must reject that defense and find the defendant
guilty. If, on the other hand, you unanimously find that the state has not
disproved beyond a reasonable doubt at least one of the elements of the defense,
then on the strength of that defense alone you must find the defendant not
guilty of <insert name of offense> despite the fact that you have found
the elements of that crime proven beyond a reasonable doubt.