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DE · jury_instructions

Del. P.J.I. Crim. No. 4.17

[Uncollected/Unpreserved/Unmaintained] Evidence

activein force · 2022-03-14 – presentcompiled-edition

[UNCOLLECTED/UNPRESERVED/UNMAINTAINED] EVIDENCE

In this case, the Court has ruled that the State failed to

[collect/preserve/maintain] evidence that is material or significant to the defense.

The evidence in question is [describe the evidence]. Because the State failed to

[collect/ preserve/maintain] this evidence, you must assume that, if the evidence

were available at trial, it would tend to prove that the defendant is not guilty.

This assumption, which is also called an inference, does not mean that the

defendant should be found "not guilty." You must weigh the assumption along

with all other evidence in order to reach your conclusion about whether the

defendant is guilty or not guilty.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
crim-2022-03-14
Content hash
b7a9bffa455e4bf2087cbe7b4c19d4629f465b593149df789bf970b8154fecfd
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