3.7. Plea Of Not Guilty Reasonable Doubt And Burden Of Proof

3.7 PLEA OF NOT GUILTY; REASONABLE DOUBT; AND BURDEN OF PROOF [Name of defendant] has entered a plea of not guilty. This means you must presume or believe [name of defendant] is innocent. The presumption stays with [name of defendant] as to each material allegation in the [information] [indictment] through each stage of the trial unless it has been overcome by the evidence to the exclusion of and beyond a reasonable doubt. To overcome [name of defendant]'s presumption of innocence the State has the burden of proving the following: The crime with which [name of defendant] is charged was committed and [name of defendant] is the person who committed the crime. [Name of defendant] is not required to present evidence or prove anything. NOTE TO JUDGE: It is recommended that you use this instruction to define reasonable doubt during voir dire. State v. Wilson, 686 So. 2d 569 (Fla. 1996). Whenever the words "reasonable doubt" are used you must consider the following: A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt. Such a doubt must not influence you to return a verdict of not guilty if you have an abiding conviction of guilt. On the other hand, if, after carefully considering, comparing and weighing all the evidence, there is not an abiding conviction of guilt, or, if, having a conviction, it is one which is not stable but one which wavers and vacillates, then the charge is not proved beyond every reasonable doubt and you must find [name of defendant] not guilty because the doubt is reasonable. It is to the evidence introduced in this trial, and to it alone, that you are to look for that proof. A reasonable doubt as to the guilt of [name of defendant] may arise from the evidence, conflict in the evidence or the lack of evidence. If you have a reasonable doubt, you should find [name of defendant] not guilty. If you have no reasonable doubt, you should find [name of defendant] guilty.