Wis JI-Criminal 140

In reaching your verdict, examine the evidence with care and caution. Act with

judgment, reason, and prudence.

Presumption of Innocence

Defendants are not required to prove their innocence. The law presumes every person

charged with the commission of an offense to be innocent. This presumption requires a

finding of not guilty unless, in your deliberations, you find it is overcome by evidence that

satisfies you beyond a reasonable doubt that the defendant is guilty.1

State’s Burden of Proof

The burden of establishing every fact necessary to constitute guilt is upon the State.

Before you can return a verdict of guilty, the evidence must satisfy you beyond a reasonable

doubt that the defendant is guilty.

Reasonable Hypothesis

If you can reconcile the evidence upon any reasonable hypothesis consistent with the

defendant’s innocence,2 you must do so and return a verdict of not guilty.

Meaning of Reasonable Doubt

The term “reasonable doubt” means a doubt based upon reason and common sense. It

is a doubt for which a reason can be given,3 arising from a fair and rational consideration

of the evidence or lack of evidence. It means such a doubt as would cause a person of

ordinary prudence to pause or hesitate when called upon to act in the most important affairs

of life.4

A reasonable doubt is not a doubt which is based on mere guesswork or speculation.

A doubt which arises merely from sympathy or from fear to return a verdict of guilt is not

a reasonable doubt. A reasonable doubt is not a doubt such as may be used to escape the

responsibility of a decision.

While it is your duty to give the defendant the benefit of every reasonable doubt, you

are not to search for doubt. You are to search for the truth.5