What is the test for the test of reasonable doubt?

California, United States of America


The following excerpt is from The People v. Moore, No. E048982, No. VCR6558 (Cal. App. 2011):

used in advising the jury of the government's burden of proof. [Citation.] Rather, 'taken as a whole, the instructions [must] correctly convey the concept of reasonable doubt to the jury.' [Citation.]" (Victor v. Nebraska (1994) 511 U.S. 1, 5.) "[T]he proper inquiry is not whether the instruction 'could have' been applied in an unconstitutional manner, but whether there is a reasonable likelihood that the jury did so apply it." (Id. at p. 6.)

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