Delaware Code Title 11 Sec. 302 – Jury instruction for defendant on reasonable doubt
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(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.
Terms Used In Delaware Code Title 11 Sec. 302
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Juror: A person who is on the jury.
(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.
11 Del. C. 1953, § ?302; 58 Del. Laws, c. 497, § ?1; 70 Del. Laws, c. 186, § ?1;