Does the reasonable doubt instruction in a sexual assault case violate Sztojko's due process rights?
MultiRegion, United States of America
The following excerpt is from U.S. v. Sztojko, 985 F.2d 576 (9th Cir. 1993):
Lastly, Sztojko contends that the reasonable doubt instruction given by the court violated his due process rights because it impermissibly lessened the prosecution's burden of proof. In United States v. Velasquez, No. 91-10540, 1992 WL 354915, at * 3 (9th Cir. Dec. 4, 1992), this court reviewed the identical instruction and concluded it was an accurate statement of the law. Accordingly, the reasonable doubt instruction given in this case was proper.
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