May 24, 2019

Colorado Supreme Court: Jury Instruction Defining “Hesitate to Act” Did Not Lower Prosecution’s Burden of Proof

The Colorado Supreme Court issued its opinion in Johnson v. People on Monday, March 11, 2019.

Jury Instructions—Reasonable Doubt—Burden of Proof—Due Process.

In this case, the supreme court considered whether the trial court’s jury instruction defining “hesitate to act” lowered the prosecution’s burden of proof in violation of due process. The court held that the instruction did not lower the prosecution’s burden of proof in violation of due process. Because the instruction was nonsensical, given only once during voir dire, not referenced by either party at any time, and flanked by the proper instruction regarding the burden of proof at the beginning and end of trial, there is not a reasonable likelihood that the jury understood the instruction and applied it in a manner that lowered the prosecution’s burden.

Summary provided courtesy of Colorado Lawyer.

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