Reasonable Doubt
Reasonable doubt is doubt based upon reason and common sense, and not doubt based on speculation. A reasonable doubt may arise from careful and impartial consideration of all the evidence, or from a lack of evidence. Proof beyond a reasonable doubt is proof of such a convincing character that a reasonable person, after careful consideration, would not hesitate to rely and act upon that proof in life’s most important decisions. Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant’s guilt. Proof beyond a reasonable doubt does not mean proof beyond all doubt.
Evidence
Evidence includes the statements of witnesses, documents and other things received as exhibits, and any facts that have been stipulated – that is, facts formally agreed to by both parties.
Certain things are not evidence. I will list those things for you now:
1. Statements, arguments, questions, and comments by lawyers representing the parties in the case are not evidence.
2. Objections are not evidence. Lawyers have a right to object when they believe
something is improper. You should not be influenced by the objection. If I sustain an objection to a question, you must ignore the question and must not try to guess what the answer might have been.
3. Testimony that I strike from the record, or tell you to disregard, is not evidence and must not be considered.
4. Anything you see or hear about this case outside the courtroom is not evidence, unless I specifically tell you otherwise during the trial.
Finally, some of you may have heard the terms “direct evidence” and “circumstantial evidence.” You are instructed that you should not be concerned with those terms. The law makes no distinction between them, and you should give all evidence the weight and value you believe it is entitled to receive.
Deadly Weapon
A deadly weapon is defined as any object, instrument, or weapon that is inherently deadly or dangerous, or one that is used in such a way that it is capable of causing and likely to cause death or great bodily harm.
If a person reasonably believes that force is necessary to protect himself from what he reasonably believes to be unlawful physical harm about to be inflicted by another and uses such force, then he acted in self-defense.
Credibility of Witnesses
In deciding what the facts are, you may have to decide what testimony you believe and what testimony you do not believe. You may believe all of what a witness said, or only part of it, or none of it.
In deciding what testimony of any witness to believe, consider the witness’ intelligence, the opportunity the witness had to have seen or heard the things testified about, the witness’ memory, any motives that witness may have for testifying a certain way, the general
reasonableness of the testimony, and the extent to which the testimony is consistent with other evidence that you believe.
Note on Transcripts and Note Taking
At the end of the trial, you must make your decision based on what you recall of the evidence. You will not have a written transcript to consult. You must pay close attention to the testimony as it is given.
STATEMENT OF [SCOTT WILSON/JAMAL HOWARD] (PROSECUTION WITNESS)
I, [Scott Wilson/Jamal Howard], state:
My name is [Scott Wilson/Jamal Howard]. I’m a student at the University of Minnesota. On June 4, at nearly 9:30 p.m., my date, Connie Cook, and I went to Melanie’s Bar in
Minneapolis, Minnesota. When we arrived, Connie and I sat at the bar. At the time, the seats were unoccupied.
I bought two beers --- one for each of us --- and we began to drink. After a few sips, I noticed [Jamal Howard/Scott Wilson] and Tanya Morgan several feet to my left. In an angry voice, [Jamal/Scott] said, “Beat it! Go sit somewhere else, this is my spot!”
I pointed to a nearby stool and said, “There’s your spot, jackass; go sit over there,” but Jamal wouldn’t move out of the way. Finally, I pushed him away, not very hard and without intending to push him down or harm him. [Jamal/Scott] must have tripped because he fell on the floor. I then turned toward [Jamal/Scott] and said something to the effect that [Jamal/Scott] should go away and leave me alone. I can’t remember my exact words because I was upset at the time, but I did not threaten [Jamal/Scott] or imply that I meant to hurt him then or later.
I finished my drink and though I wanted to have another, I agreed with Connie’s suggestion that we leave and go to her house. Eager to spend some time alone with Connie, I hurried through the bar toward the front door. I did not know that [Jamal/Scott] was still on the premises and was not even thinking about the incident with [Jamal/Scott] at the time.
When I was about 15 feet from the door, I pulled out my black wallet to see if I had enough money to buy a pizza to take to Connie’s house. Although I did have my pocket knife on me, I did not pull it out and it was in a different pocket than my wallet. I was still looking in my wallet when I got to within two steps of the door.
The next thing I remember was waking up in a bed in the hospital. Dated: _______________________
_____________________________ Scott Wilson