Prosecutors insist that Wisconsin ’s
jury instruction 140 on the burden of proof — which concludes by telling jurors
“not to search for doubt” but “to search for the truth” — does not lower
the burden of proof. This raises the question:
If it doesn’t lower the burden of proof, then why are you fighting so
vigorously to preserve the offending closing mandate? Why not just join the other 49 states that
don’t use such qualifying language when instructing their juries on reasonable
doubt?
