VT · jury_instructions
Vermont Model Criminal Jury Instructions CR04-101
BURDEN OF PROOF
The State bears the burden of proof. This means that the State must prove each of the essential elements of the crime charged beyond a reasonable doubt. This burden of proof remains on the State throughout the trial. (Def)_______________ does not have to prove that [he] [she] is innocent. [He] [She] is not required to call any witnesses, or to present any evidence, or to testify on [his] [her] own behalf.
REASONABLE DOUBT
The State’s burden is to prove guilt beyond a reasonable doubt. The State does not have to prove guilt beyond all possible doubt. A reasonable doubt is a doubt based on reason and common sense, which comes from a fair and rational consideration of the evidence or lack of evidence in the case. It is not a vague, speculative, or imaginary doubt. No defendant may be convicted on suspicion or conjecture. If you have a reasonable doubt, you must find (Def)_______________ not guilty even if you think that the charge is probably true.
If, after you have considered all of the evidence and these instructions, you have a reasonable doubt, then you must find (Def)_______________ not guilty. On the other hand, if you are convinced beyond a reasonable doubt that the State has proven each of the essential elements of the crime charged, then you must find [him] [her] guilty.
History
Vermont Model Criminal Jury Instructions CR04-101 (05/25/05). Prepared by the Vermont Model Criminal Jury Instructions committee; published on vtjuryinstructions.org, sponsored by the Vermont Bar Association. The committee states that the instructions have not been approved by the Vermont Supreme Court.
Provenance
- Source
- vtjuryinstructions.org
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
f594923334c41d326a8bfe83527d5806e36dd0af9710f5f0038b3de567fbab36
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