What is the test for a jury's failure to give a presumption of innocence instruction?

MultiRegion, United States of America

The following excerpt is from U.S. v. Loza-Romero, 122 F.3d 1075 (9th Cir. 1997):

Because the jury instructions as a whole failed to fulfill the purposes of the presumption oe innocence instruction, due process was violated. Failure to give a presumption of innocence instruction is reversible error when the instructions as a whole do not fulfill the dual purposes of the presumption of innocence instruction--emphasizing that the burden of proof beyond a reasonable doubt is on the government, and cautioning the jury to rely only on evidence introduced at trial, rather than being influenced by official suspicion. United States v. Payne, 944 F.2d 1458, 1465-66 (9th Cir.1991).

Other Questions


Does the failure of a jury to give a requested instruction on the presumption of innocence violate the Constitution? (MultiRegion, United States of America)
Is a failure to instruct a jury on the presumption of innocence a violation of due process? (MultiRegion, United States of America)
What is the test for the purpose of instructing a jury to consider whether there is sufficient probative evidence of urgency to justify a jury instruction? (MultiRegion, United States of America)
Does a jury have to consider whether as a whole the jury instructions were misleading or inadequate to guide the jury's determination? (MultiRegion, United States of America)
What is the test for instructing a jury to consider a plaintiff's claim that they were not entitled to a jury instruction? (MultiRegion, United States of America)
When reviewing jury instructions in a civil case, does the jury consider the entire instructions as a whole? (MultiRegion, United States of America)
What is the effect of having to have a post-instruction discussion with a jury after receiving an instruction that the jury should consider whether or not to agree to consider a motion of no coercion? (MultiRegion, United States of America)
What is the test for instructing a jury to consider a plaintiff's claim that they were not entitled to a jury instruction? (MultiRegion, United States of America)
Is a jury's failure to instruct the jury on involuntary manslaughter cognizable on federal habeas review? (MultiRegion, United States of America)
Does a federal court have to give a presumption of innocence instruction after the jury has been sworn? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.