Lisa loves Pooh
DIS Legend
- Joined
- Apr 18, 2004
- Messages
- 40,449
And I contend that a finding of reasonable doubt does not require any belief or proof in an alternative theory. Here is the jury instruction that pertains to reasonable doubt:
"PLEA OF NOT GUILTY; REASONABLE DOUBT; AND BURDEN OF PROOF
The defendant has entered a plea of not guilty. This means you must presume or believe the defendant is innocent. The presumption stays with the defendant as to each material allegation in the indictment through each stage of the trial unless it has been overcome by the evidence to the exclusion of and beyond a reasonable doubt.
To overcome the defendant's presumption of innocence, the State has the burden of proving the crime with which the defendant is charged was committed and the defendant is the person who committed the crime.
The defendant is not required to present evidence or prove anything.
Whenever the words "reasonable doubt" are used you must consider the following:
A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt.
Such a doubt must not influence you to return a verdict of not guilty if you have an abiding conviction of guilt. On the other hand, if, after carefully considering, comparing and weighing all the evidence, there is not an abiding conviction of guilt, or, if, having a conviction, it is one which is not stable but one which wavers and vacillates, then the charge is not proved beyond every reasonable doubt and you must find the defendant not guilty because the doubt is reasonable.
It is to the evidence introduced in this trial, and to it alone, that you are to look for that proof.
A reasonable doubt as to the guilt of the defendant may arise from the evidence, conflict in the evidence or the lack of evidence.
If you have a reasonable doubt, you should find the defendant not guilty. If you have no reasonable doubt, you should find the defendant guilty.
We will go in circles for all of eternity...
George was not reasonable doubt....it was not reasonable, because Jose failed to prove what he promised. It was not reasonable, because Jose was only allowed to treat George the way he did because he was trying to prove something.
Had that been never allowed to occur--where is the REASONABLE doubt?