Del. Code 11, § 302 : Crimes And Criminal Procedure — Proving And Disproving Criminal Guilt — Jury instruction for defendant on reasonable doubt

  • Date:

Current through 2016 Legislative Session, Act 399

(a) Pursuant to § 301(b) of this title, the defendant is entitled to a jury instruction that the jury must acquit if they fail to find each element of the offense proved beyond a reasonable doubt.
(b) The defendant may produce whatever evidence the defendant has tending to negate the existence of any element of the offense, and, if the court finds that a reasonable juror might believe that evidence, the defendant is entitled to a jury instruction that the jury must consider whether the evidence raises a reasonable doubt as to the defendant's guilt.
Del. C. § 302
11 Del. C. 1953, § 302; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
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