United States District Court, E.D. California
FINAL JURY INSTRUCTIONS
of the jury, now that you have heard all the evidence, it is
my duty to instruct you on the law that applies to this case.
A copy of these instructions will be available in the jury
room for you to consult.
your duty to weigh and to evaluate all the evidence received
in the case and, in that process, to decide the facts. It is
also your duty to apply the law as I give it to you to the
facts as you find them, whether you agree with the law or
not. You must decide the case solely on the evidence and the
law and must not be influenced by any personal likes or
dislikes, opinions, prejudices, or sympathy. You will recall
that you took an oath promising to do so at the beginning of
must follow all these instructions and not single out some
and ignore others; they are all important. Please do not read
into these instructions or into anything I may have said or
done any suggestion as to what verdict you should return-that
is a matter entirely up to you.
a criminal case brought by the United States government. The
government charges the defendant with receipt of one or more
visual depictions of a minor engaged in sexually explicit
conduct. The charge against the defendant is contained in the
indictment. The indictment simply describes the charge the
government brings against the defendant. The indictment is
not evidence and does not prove anything.
defendant has pleaded not guilty to the charge and is
presumed innocent unless and until the government proves the
defendant guilty beyond a reasonable doubt. In addition, the
defendant has the right to remain silent and never has to
prove innocence or to present any evidence.
here only to determine whether the defendant is guilty or not
guilty of the charge in the indictment. The defendant is not
on trial for any conduct or offense not charged in the
of the presumption of innocence, a defendant does not have to
testify or present any evidence to prove innocence. The
burden of proof is always on the government and never shifts
to the defendant.
burden on the government is to prove every element of the
charges beyond a reasonable doubt.
beyond a reasonable doubt is proof that leaves you firmly
convinced that the defendant is guilty. It is not required
that the government prove guilt beyond all possible doubt.
reasonable doubt is a doubt based upon reason and common
sense and is not based purely on speculation. It may arise
from a careful and impartial consideration of all the
evidence, or from lack of evidence.
after a careful and impartial consideration of all the
evidence, you are not convinced beyond a reasonable doubt
that a defendant is guilty, it is your duty to find that
defendant not guilty. However, if after a careful and
impartial consideration of all the evidence, you are
convinced beyond a reasonable doubt that a defendant is
guilty, it is your duty to find that defendant guilty.
evidence you are to consider in deciding what the facts are
(1) the sworn testimony of any witness;
(2) the exhibits received into evidence; and
(3) any facts to which the parties have agreed, as, for
example, in a stipulation.
parties have agreed what Special Agent Daniel
Ben-Meir’s testimony would be if called as a witness.
You should consider that testimony in the same way as if it
had been given here in court.
parties have agreed to certain facts that have been stated to
you. You should therefore treat ...