Does the Court's instruction of reasonable doubt in a medical malpractice case need to be changed?

MultiRegion, United States of America

The following excerpt is from U.S. v. Martinez, 945 F.2d 409 (9th Cir. 1991):

Appellants request a new trial based on the court's use of the "willingness to act" formulation of reasonable doubt as opposed to the preferred "hesitation to act" instruction. Although the "hesitation" language is preferred, use of the "willingness" language does not constitute reversible error. United States v. Robinson, 546 F.2d 309, 313-14 (9th Cir.1976), cert. denied, 430 U.S. 918 (1977). Instead, appellants must show prejudice, id., which they have not done. The appellants' related contention that the instruction was grammatically incomplete also fails. The instruction, "taken as a whole, fairly and accurately convey[ed] the meaning of reasonable doubt...." Id. at 314.

Other Questions


If there is an error in the finding that a defendant is not guilty beyond a reasonable doubt on the basis of reasonable doubt, is that error harmless beyond reasonable doubt? (MultiRegion, United States of America)
How has reasonable doubt been interpreted by courts in defining reasonable doubt? (MultiRegion, United States of America)
How have the courts dealt with the first instruction and second instruction in a motion to deny an instruction? (MultiRegion, United States of America)
Can an application for discretionary relief from the Court of Arbitration for Disproportionate Medical Demand be made in a medical malpractice case? (Canada (Federal), Canada)
When will a federal court refuse to give an instruction defining reasonable doubt? (MultiRegion, United States of America)
Does Ruiz-Alvarez have any grounds to challenge the district court's instruction of reasonable doubt? (MultiRegion, United States of America)
How have courts treated medical indifference claims in medical malpractice cases? (MultiRegion, United States of America)
What is the current state of the law on medical malpractice in medical malpractices? (MultiRegion, United States of America)
Is a defendant entitled to a mistrial when the court first discovered the omission of a reasonable doubt instruction from the initial charge? (MultiRegion, United States of America)
How have the courts interpreted the findings of a federal court in a case brought by a plaintiff in a medical malpractice case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.