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Assume That State Law Does Not Require Trial Courts to Offer

Question 28

Multiple Choice

Assume that state law does not require trial courts to offer a jury instruction in any particular format that describes the concept of proof beyond a reasonable doubt. If the trial court failed to offer any instructions to the jury that it must find guilt, if at all, by the standard of beyond a reasonable doubt, and a conviction resulted, an appellate court should:


A) reverse the judgment if the jury returned a guilty verdict.
B) not reverse the judgment because it is the duty of the defendant to request an instruction.
C) not automatically reverse the verdict.
D) not review the verdict because the judge would have offered a jury instruction on proof beyond a reasonable doubt if it had been needed.

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