COLJI-Crim. E:03

Every person charged with a crime is presumed innocent. This

presumption of innocence remains with the defendant throughout the trial

and should be given effect by you unless, after considering all the evidence,

you are convinced that the defendant is guilty beyond a reasonable doubt.

A reasonable doubt can be based on the evidence presented or the lack of

evidence presented.

The burden of proof in this case is upon the prosecution. The

prosecution must prove to the satisfaction of the jury beyond a reasonable

doubt the existence of each and every element necessary to constitute the

crime charged. This burden requires more than proof that something is

highly probable, but it does not require proof with absolute certainty.

Proof beyond a reasonable doubt is proof that leaves you firmly

convinced of the defendant’s guilt. If you are firmly convinced of the

defendant’s guilt, then the prosecution has proven the crime charged

beyond a reasonable doubt. But if you think there is a real possibility that

the defendant is not guilty, then the prosecution has failed to prove the

crime charged beyond a reasonable doubt.

After considering all the evidence, if you decide the prosecution has

proven each of the elements of a crime charged beyond a reasonable doubt,

you should find the defendant guilty of that crime.

After considering all the evidence, if you decide the prosecution has

failed to prove any one or more of the elements of a crime charged beyond

a reasonable doubt, you should find the defendant not guilty of that crime.