The Committee on Criminal Jury Instructions has drafted for use in criminal trials a revised charge on the presumption of innocence, the burden of proof, and the requirement of proof beyond a reasonable doubt. Because jury instructions on those subjects lie at the heart of any criminal trial, and because the current charge has been in use for so long, any proposal to replace it is a significant event in the State's jurisprudence. Accordingly, prior to adoption, the Committee is seeking comment from the Bench and Bar.

The new instruction was unveiled at this year's Judicial Seminars, and Judges in attendance offered comments, suggestions, and criticisms that are now under active consideration by the Committee. We are publishing the draft in the New York Law Journal with the hope of receiving the views of the Bar.

PRESUMPTION OF INNOCENCE BURDEN OF PROOF IN CASES WITHOUT AN AFFIRMATIVE DEFENSE PROOF BEYOND A REASONABLE DOUBT.

We now turn to the fundamental principles of our law that apply in all criminal trials — the presumption of innocence, the burden of proof, and the requirement of proof beyond a reasonable doubt.

Throughout these proceedings, the defendant is presumed to be innocent. As a result you must find the defendant not guilty, unless, on the evidence presented at this trial, you conclude that the People have proven the defendant guilty beyond a reasonable doubt.

[NOTE: Add, if the defendant introduced evidence: In determining whether the People have satisfied their burden of proving the defendant's guilt beyond a reasonable doubt, you may consider all the evidence presented, whether by the People or by the defendant. In doing so, however, remember that, even though the defendant introduced evidence, the burden of proof remains on the People.

The defendant is not required to prove that he/she is not guilty. In fact, the defendant is not required to prove anything. To the contrary, the People have the burden of proving the defendant guilty beyond a reasonable doubt. That means, before you can find the defendant guilty of a crime, the People must prove beyond a reasonable doubt every element of the crime and that the defendant is the person who committed that crime. The burden of proof never shifts from the People to the defendant. If the People fail to satisfy their burden of proof, you must find the defendant not guilty.

What does our law mean when it requires proof of guilt "beyond a reasonable doubt"?

The law uses the term, "proof beyond a reasonable doubt," to tell you how strong the evidence of guilt must be to permit a verdict of guilty. The law recognizes that, in dealing with human affairs, there are very few things in this world that we know with absolute certainty. Therefore, the law does not require the People to prove a defendant guilty beyond all possible doubt. On the other hand, it is not sufficient to prove that the defendant is probably guilty. In a criminal case, the proof of guilt must be stronger than that. It must be beyond a reasonable doubt.

Proof of guilt beyond a reasonable doubt is proof that leaves you so firmly convinced of the defendant's guilt that you have no reasonable doubt of the existence of any element of the crime or of the defendant's identity as the person who committed the crime.

A reasonable doubt is an honest doubt of the defendant's guilt for which a reason exists based upon the nature and quality of the evidence. The doubt can arise from the evidence that was presented or from the lack of material and convincing evidence. A reasonable doubt is not a fanciful or imaginary doubt It is a doubt that a reasonable person, acting in a matter of this importance, would be likely to entertain because of the evidence or because of the lack of material and convincing evidence. In determining whether or not the People have proven the defendant's guilt beyond a reasonable doubt, you should be guided solely by a full and fair evaluation of the evidence, Your verdict must not rest upon outlandish theories or baseless speculations. Nor may your verdict be influenced in any way by bias, prejudice, sympathy, or a desire to bring an end to your deliberations or to avoid an unpleasant duty. After you have carefully evaluated the evidence, determine which evidence you accept, and then decide whether that evidence convinces you beyond a reasonable doubt of the defendant's guilt. If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime.