DOJ-OGR-00008720.jpg

Case 1:20-cr-00330-PAE Document 565 Filed 12/19/21 Page 14 of 83

1 Instruction No. 8: Reasonable Doubt

2 The question that naturally arises is: “What is a reasonable doubt?” What does that
3 phrase mean? The words almost define themselves. A reasonable doubt is a doubt based in
4 reason and arising out of the evidence in the case, or the lack of evidence. It is a doubt that a
5 reasonable person has after carefully weighing all of the evidence in the case.

6 Reasonable doubt is a doubt that appeals to your reason, your judgment, your experience,
7 and your common sense. Reasonable doubt is not whim or speculation. It is not an excuse to
8 avoid an unpleasant duty. Nor is it sympathy for the Defendant. The law in a criminal case is
9 that it is sufficient if the guilt of the Defendant is established beyond a reasonable doubt, not
10 beyond all possible doubt. Therefore, if, after a fair and impartial consideration of all the
11 evidence, you can candidly and honestly say that you do have an abiding belief of Ms.
12 Maxwell’s guilt as to any crime charged in this case, such a belief as a prudent person would be
13 willing to act upon in important matters in the personal affairs of his or her own life, then you
14 have no reasonable doubt, and under such circumstances it is your duty to convict Ms. Maxwell
15 of the particular crime in question.

16 On the other hand, if after a fair and impartial consideration of all the evidence, you can
17 candidly and honestly say that you are not satisfied with Ms. Maxwell’s guilt as to any charge,
18 that you do not have an abiding belief of her guilt as to that charge—in other words, if you have
19 such a doubt as would reasonably cause a prudent person to hesitate in acting in matters of
20 importance in his or her own affairs—then you have a reasonable doubt, and in that circumstance
21 it is your duty to acquit Ms. Maxwell of that charge.

13

DOJ-OGR-00008720