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  1. 1.2 The Charge—Presumption of Innocence

    ... brings against the defendant. The indictment is not evidence and does not prove anything. The defendant has pleaded not guilty ... silent and never has to prove innocence or present any evidence. [In order to help you follow the evidence, I will now give you a ...

  2. 5.7 Duress, Coercion or Compulsion (Legal Excuse)

    ... [duress] [coercion] [compulsion] by a preponderance of the evidence.  A preponderance of the evidence means that you must be persuaded that the things the defendant seeks ...

  3. 6.5 Duress, Coercion or Compulsion (Legal Excuse)

    ... [duress] [coercion] [compulsion] by a preponderance of the evidence. A preponderance of the evidence means that you must be persuaded that the things the defendant seeks ...

  4. 8.83 Fraud in Connection With Identification Documents—Aggravated Identity Theft

    ... for section 1028A).  Both direct and circumstantial evidence can establish that a defendant knew that the means of identification ... Id . at 1120-22.  If the case involves circumstantial evidence of knowledge, consider the following instruction from Doe at 1121: ...

  5. 8.108 Murder—Second Degree

    ... burden of proving lack of heat of passion). If there is evidence that the defendant acted in self-defense, see Instruction 6.8 (Self-Defense). Evidence that the defendant acted upon a sudden quarrel or heat of passion ...

  6. 24.15 Perjury—Testimony (18 U.S.C. § 1621)

    ... of defendant ] was false.   There must be additional evidence—either the testimony of another person or other evidence—that tends to support the testimony of falsity. The other evidence, ...

  7. 8.135 Perjury—Testimony

    ... [ name of defendant ] was false. There must be additional evidence–either the testimony of another person or other evidence–which tends to support the testimony of falsity. The other evidence, ...

  8. 9.29 Particular Rights–Fourteenth Amendment–Pretrial Detainee's Claim of Excessive Force

    ... must prove the following elements by a preponderance of the evidence:  First, the defendant purposely or knowingly used force ... officials unless the record contains substantial evidence showing [that] their policies are an unnecessary or unjustified ...

  9. 15.9 Fraud in Connection with Identification Documents—Aggravated Identity Theft (18 U.S.C. § 1028A)

    ... a §1028A violation).   Both direct and circumstantial evidence can establish that a defendant knew that the means of identification ... Id . at 1120-22.   If the case involves circumstantial evidence of knowledge, consider the following instruction from Doe at 1121: ...

  10. 3.6 Impeachment, Prior Conviction of Defendant

    ... of Defendant              You have heard evidence that the defendant has previously been convicted of a crime.  You may consider that evidence only as it may affect the defendant’s believability as a witness.  ...

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