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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

11 Del. C. § 302: Jury instruction for defendant on reasonable doubt.

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Where this section sits in the code
  1. Title 11. Crimes and Criminal Procedure
  2. Delaware Criminal Code
  3. CHAPTER 3. Proving and Disproving Criminal Guilt

(a) Pursuant to § 301(b) of this title, the defendant is entitled to a jury instruction that the jury must acquit if they fail to find each element of the offense proved beyond a reasonable doubt.

(b) The defendant may produce whatever evidence the defendant has tending to negate the existence of any element of the offense, and, if the court finds that a reasonable juror might believe that evidence, the defendant is entitled to a jury instruction that the jury must consider whether the evidence raises a reasonable doubt as to the defendant’s guilt.

Collected 2026-09-05T23:02:13Z. Source file · JSON

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