Instruction 2.160, Criminal Model Jury Instructions for Use in the District Court

PRESUMPTION OF INNOCENCE;

BURDEN OF PROOF; UNANIMITY

The complaint against the defendant is only an accusation. It is not

evidence. The defendant has denied that he (she) is guilty of the crime(s)

charged in this complaint.

The law presumes the defendant to be innocent of (the charge) (all the

charges) against him (her). This presumption of innocence is a rule of law

that compels you to find the defendant not guilty unless and until the

Commonwealth produces evidence, from whatever source, that proves that

the defendant is guilty beyond a reasonable doubt. This burden of proof

never shifts. The defendant is not required to call any witnesses or

produce any evidence, since he (she) is presumed to be innocent.

The presumption of innocence stays with the defendant unless and

until the evidence convinces you unanimously as a jury that the defendant

is guilty beyond a reasonable doubt. It requires you to find the defendant

not guilty unless his (her) guilt has been proved beyond a reasonable

doubt.

Your verdict, whether it is guilty or not guilty, must be unanimous.

Commonwealth v. Boyd, 367 Mass. 169, 189, 326 N.E.2d 320, 332 (1975); Commonwealth v. Devlin,

335 Mass. 555, 569, 141 N.E.2d 269, 276-277 (1957); Commonwealth v. DeFrancesco, 248 Mass.

9, 142 N.E. 749 (1924).