How has the evidentiary standard been interpreted in the context of sexual assault cases?

The issue that must be answered is whether there is a reasonable likelihood that the jury applied the evidentiary standard in an unconstitutional manner. (Victor v. Nebraska (1994) 511 U.S. 1, 5.) As set forth ante, all three of the trial court's examples were problematic in that they altered the burden of proof in favor of the prosecution. Further, it appears from the record that the prospective jurors spent time thinking about the trial court's examples, as evidenced by the following comment made by a prospective juror: "I guess a strong conviction I have is the way I think the judge described reasonable doubt versus just doubt, some sort of doubt. And I think the way that he outlined it about, you know, the flag." Due to (1) the multiple incorrect

Page 11