What is reasonable doubt for the purposes of determining a sexual assault case?

California, United States of America


The following excerpt is from People v. Ellison, F061093 (Cal. App. 2012):

25. CALJIC No. 2.90 defines reasonable doubt, in pertinent part, as "that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction of the truth of the charge." Prior to 1994, the concluding phrase read, "an abiding conviction to a moral certainty of the truth of the charge." (See People v. Whisenhunt (2008) 44 Cal.4th 174, 221, fn. 13.)

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