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.
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