CO · jury_instructions
COLJI-Crim. 42:50.SP
TRANSPORTING HAZARDOUS MATERIALS WITHOUT PERMIT—SPECIAL INSTRUCTION (PRIOR VIOLATION)
If the defendant previously acknowledged guilt or was convicted of
transporting hazardous materials without a permit, and the defendant
subsequently transported hazardous materials without a permit, a
permissible inference is created that such subsequent transportation
without a permit was intentional.
A permissible inference allows, but does not require, you to find a
fact from proof of another fact or facts, if that conclusion is justified by the
evidence as a whole. It is entirely your decision to determine what weight
shall be given the evidence.
You must bear in mind that the prosecution always has the burden of
proving each element of the offense beyond a reasonable doubt, and that a
permissible inference does not shift that burden to the defendant.
History
COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- crim-2026-02-25
- Content hash
a86d53af82a4c4d1896bbaa0b342cc87d22715779d41f6e4c3f01514c9b21004
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