Ala. Pattern Jury Instr. (Criminal) PREPONDERANCE_OF_THE_EVIDENCE

Preponderance of the Evidence

In this case it is the responsibility of the [State/Defendant] to prove every essential

part of his/her/its claim[s], [describe claim], by a “preponderance of the evidence.”

A “preponderance of the evidence” means an amount of evidence that is enough

to persuade you that the [State/Defendant]’s claim is more likely true than not true. If the

proof fails to establish any essential part of a claim or contention by a preponderanc e of

the evidence, you should find against the [State/Defendant] making that claim or

contention.

[Read as appropriate]: When more than one claim is involved, you should

consider each claim separately.

In deciding whether any fact has been proved by a preponderance of the evidence,

you may consider the testimony of all of the witnesses, regardless of who may have called

them, and all of the exhibits received in evidence, regardless of who may have produced

them.

If the proof supports every essential part of the [State/Defendant]’s claim[s] by a

preponderance of the evidence, you should find for the [State/Defendant] as to that

claim.

If the proof fails to establish any essential part of the [State/Defendant]’s claim[s]

by a preponderance of the evidence, you should find for the [Defendant/State] as to that

claim.