Most everyone knows that when someone is tried for a criminal offense, to be convicted, a jury needs to be convinced “beyond a reasonable doubt” that they’re guilty to convict them. Just how “reasonable doubt” is defined and explained in jury instructions varies somewhat among the states.
These instructions don’t always clarify things for jurors. Judges can make it worse by trying to explain further. In fact, some convictions have been overturned due to confusing instructions about reasonable doubt.
The state has revised its explanation of reasonable doubt
Colorado revised its explanation of reasonable doubt in its jury instructions just a couple of years ago. Specifically, the Colorado Supreme Court Model Criminal Jury Instructions Committee rewrote the instructions provided to criminal trial juries throughout the state to say that if jurors are “firmly convinced of the defendant’s guilt, then the prosecution has proven the crime charged beyond a reasonable doubt.”
However, if the instructions state that if there’s a “real possibility that the defendant is not guilty, then the prosecution has failed to prove the crime charged beyond a reasonable doubt.” Further, the instructions explain that the prosecution’s burden “requires more than proof that something is highly probable…[but not] proof with absolute certainty.”
Does this explanation unfairly favor the prosecution?
This explanation of reasonable doubt is similar to that in the jury instructions used in the federal court system. While Colorado prosecutors were generally happy with the language, those on the defense side weren’t. One official with the Office of the Colorado State Public Defender said, “As defenders of the poor and marginalized, our initial reading is that this change unfairly favors the government and will lessen the burden of proof in everyday jurors’ minds and make it easier to overcome the very important presumption of innocence.”
A defense case must be presented in part with an eye toward the instructions the jury will be given before they begin their deliberations and can be referred to throughout those deliberations. That’s just one reason why having experienced legal guidance is crucial for Coloradoans who have been charged with a criminal offense.