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2004), overruled on other grounds by Byrd v. 1, 5 (1994), the Court held that any reasonable doubt instruction must (1) convey to the jury that it must consider only the evidence, and (2) properly state the government’s burden of proof. Nonetheless, “he Constitution does not require that any particular form of words be used in advising the jury of the government’s burden of proof.” Id. Gomez, 725 F.3d 1121, 1131 (9th Cir.2013), the Ninth Circuit Revised the conditional language in this model instruction regarding a jury’s duty in a criminal case. Soto-Zuniga, 837 F.3d 992, 1004 (9th Cir.2016) (rejecting challenge to this instruction and noting that Ninth Circuit has repeatedly upheld use of this instruction). In addition, the Ninth Circuit has expressly approved a reasonable doubt instruction that informs the jury that the jury must be “firmly convinced” of the defendant’s guilt. at 17 (1994) (“doubt that does not rise above pure speculation is not reasonable”). 2018) (rejecting defendant’s argument that jury can use speculation to find reasonable doubt in favor of accused) see also Victor v. 2021) (upholding model instruction but remanding due to prosecutor’s misleading comments which compared the reasonable doubt standard to making casual, everyday decisions) United States v. The Ninth Circuit has repeatedly upheld this instruction.

On the other hand, if after a careful and impartial consideration of all the evidence, you are convinced beyond a reasonable doubt that the defendant is guilty, it is your duty to find the defendant guilty. If after a careful and impartial consideration of all the evidence, you are not convinced beyond a reasonable doubt that the defendant is guilty, it is your duty to find the defendant not guilty. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence. It is not required that the government prove guilt beyond all possible doubt.Ī reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. Proof beyond a reasonable doubt is proof that leaves you firmly convinced the defendant is guilty.