The Colorado Supreme Court Model Criminal Jury Instructions Committee revised the “reasonable doubt” instruction in its annual update to Colorado’s model jury instructions for use in criminal trials.
The edition updates Instruction E:03, titled “Presumption of Innocence, Burden of Proof, and Reasonable Doubt.” Prior to the update, the instruction defined “reasonable doubt” in part as “a doubt which is not vague, speculative or imaginary doubt, but such a doubt that as would cause reasonable people to hesitate to act in matters of importance to themselves.” Now, the instruction defines “proof beyond a reasonable doubt” as “proof that leaves you firmly convinced of the defendant’s guilt.”
The updated instruction also explains the prosecution’s burden requires “more than proof that something is highly probable,” but it doesn’t require proof with absolute certainty. The instruction tells jurors that if they’re “firmly convinced” of the defendant’s guilt, the crime has been proven beyond a reasonable doubt, but if they think there’s a “real possibility” the defendant isn’t guilty, the prosecution didn’t prove the crime beyond a reasonable doubt.
The committee encouraged judges and practitioners to read the comments accompanying the new model instruction. In addition to updating the definition of “reasonable doubt,” the update incorporates 2022 legislation, as well as case law published since the release of the last edition.
The model jury instructions may be found online. Users are encouraged to contact the Committee at [email protected] with any questions.