![]() The guarantee that a defendant must be proven guilty beyond a reasonable doubt is set forth in the Due Process Clauses of the Fifth and Fourteenth Amendments to the Constitution. Constitutional Requirements for Proof Beyond a Reasonable Doubt The judge will instruct the jury to evaluate the evidence and decide whether the prosecution proved, beyond a reasonable doubt, that the defendant did what he is accused of having done. To do this, the prosecutor will present evidence in the form of witness testimony, surveillance tapes, DNA evidence, and other items that are intended to show that the defendant is guilty. The prosecutor must prove, beyond a reasonable doubt, that the defendant did what he is accused of having done. The prosecutor, as a representative of the government, is accusing the defendant of having committed a crime. Proving the Defendant Guilty Beyond a Reasonable Doubt It is applied in criminal cases because the stakes are high and a jury must be thoroughly convinced that the defendant committed the crime he is accused of.
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