It is not required that the government proves guilt beyond all possible doubt. The test is one of reasonable doubt. Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant’s guilt. There are very few things in this world that we know with absolute certainty, and in criminal cases the law does not require proof that overcomes every possible doubt. If the evidence leaves you firmly convinced that the defendant is guilty of the crime charged, you must find the defendant On the other hand, if there is a real “guilty.” possibility that he is not guilty, you must give the defendant the benefit of the doubt and return a verdict of guilty.” “not FINAL INSTRUCTION NO. 23 Do Not Consider Punishment In making your decision, do not consider what punishment could result from a verdict of guilty. Your duty is to decide if the defendant is guilty beyond a reasonable doubt. Punishment is not relevant to whether the defendant is guilty or not guilty. FINAL INSTRUCTION NO. 24 Defined “Evidence” The evidence consists of the sworn testimony of the witnesses, all exhibits received in evidence, and any other fact that I instruct you to accept. Statements and arguments of counsel are not evidence. Also, anything you may have seen or heard outside the courtroom is not evidence. Some of you have taken notes during the trial. Such notes are only for the personal use of the person who took them.
It is not required that the government proves guilt beyond all possible doubt. The test is one of reasonable doubt. Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant’s guilt. There are very few things in this world that we know with absolute certainty, and in criminal cases the law does not require proof that overcomes every possible doubt. If the evidence leaves you firmly convinced that the defendant is guilty of the crime charged, you must find the defendant “guilty.” On the other hand, if there is a real possibility that he is not guilty, you must give the defendant the benefit of the doubt and return a verdict of “not guilty.” FINAL INSTRUCTION NO. 23 Do Not Consider Punishment In making your decision, do not consider what punishment could result from a verdict of guilty. Your duty is to decide if the defendant is guilty beyond a reasonable doubt. Punishment is not relevant to whether the defendant is guilty or not guilty. FINAL INSTRUCTION NO. 24 “Evidence” Defined The evidence consists of the sworn testimony of the witnesses, all exhibits received in evidence, and any other fact that I instruct you to accept. Statements and arguments of counsel are not evidence. Also, anything you may have seen or heard outside the courtroom is not evidence. Some of you have taken notes during the trial. Such notes are only for the personal use of the person who took them.