{
  "document_metadata": {
    "page_number": "11",
    "document_number": "410-1",
    "date": "11/04/21",
    "document_type": "Court Document",
    "has_handwriting": false,
    "has_stamps": false
  },
  "full_text": "Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 11 of 93\n\nPresumption of Innocence and Burden of Proof\n\nThe law presumes the defendant to be innocent of all charges against her. She Ms. Maxwell has pleaded not guilty to the charges in the Indictment. As a result, the burden is on the Government to prove Ms. Maxwell's the defendant's guilt beyond a reasonable doubt as to each charge. This burden never shifts to the defendant for the simple reason that the law never imposes upon a defendant in a criminal case the burden or duty of testifying, or calling any witness, or locating or producing any evidence. In other words, she Ms. Maxwell does not have to prove her innocence.\n\nThis presumption of innocence was with the defendant Ms. Maxwell when the trial began and remains with the defendant Ms. Maxwell unless and until you are convinced that the Government has proven the defendant's her guilt beyond a reasonable doubt as to each charge. Indeed, the presumption of innocence alone requires you to acquit Ms. Maxwell of a charge unless you are unanimously convinced that the government has proven that she is guilty of that charge beyond a reasonable doubt. If the Government fails to prove the defendant's guilt beyond a reasonable doubt, you must find her not guilty.\n\n[If necessary: Even though the defendant Ms. Maxwell has presented evidence in her defense, the presumption of innocence remains with her and it is not her burden to prove that she is innocent. It is always the Government's burden to prove each of the elements of the crimes charged beyond a reasonable doubt.]\n\nAdapted from the charge of the Hon. Alison J. Nathan in United States v. Jones, 16 Cr. 533 (AJN) and in United States v. Pizarro, 17 Cr. 151 (AJN).\n\nCommented [CE7]: The proposed additional language tracks the language used by the Court in recent cases. See United States v. Barry, 20 CR 84 (AJN)\n\nCommented [RA(BR7]: GOVERNMENT RESPONSE: This language is redundant of the paragraph in the reasonable doubt instruction, which specifies that it is the jury's duty to acquit if they do not find the defendant guilty beyond a reasonable doubt\n\nCommented [RA(8]: GOVERNMENT RESPONSE: There is no need to recite both the presumption of innocence and the defendant's lack of burden in this sentence. One or the other is sufficient to make the point\n\nDOJ-OGR-00006077",
  "text_blocks": [
    {
      "type": "printed",
      "content": "Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 11 of 93",
      "position": "header"
    },
    {
      "type": "printed",
      "content": "Presumption of Innocence and Burden of Proof",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "The law presumes the defendant to be innocent of all charges against her. She Ms. Maxwell has pleaded not guilty to the charges in the Indictment. As a result, the burden is on the Government to prove Ms. Maxwell's the defendant's guilt beyond a reasonable doubt as to each charge. This burden never shifts to the defendant for the simple reason that the law never imposes upon a defendant in a criminal case the burden or duty of testifying, or calling any witness, or locating or producing any evidence. In other words, she Ms. Maxwell does not have to prove her innocence.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "This presumption of innocence was with the defendant Ms. Maxwell when the trial began and remains with the defendant Ms. Maxwell unless and until you are convinced that the Government has proven the defendant's her guilt beyond a reasonable doubt as to each charge. Indeed, the presumption of innocence alone requires you to acquit Ms. Maxwell of a charge unless you are unanimously convinced that the government has proven that she is guilty of that charge beyond a reasonable doubt. If the Government fails to prove the defendant's guilt beyond a reasonable doubt, you must find her not guilty.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "[If necessary: Even though the defendant Ms. Maxwell has presented evidence in her defense, the presumption of innocence remains with her and it is not her burden to prove that she is innocent. It is always the Government's burden to prove each of the elements of the crimes charged beyond a reasonable doubt.]",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "Adapted from the charge of the Hon. Alison J. Nathan in United States v. Jones, 16 Cr. 533 (AJN) and in United States v. Pizarro, 17 Cr. 151 (AJN).",
      "position": "bottom"
    },
    {
      "type": "handwritten",
      "content": "Commented [CE7]: The proposed additional language tracks the language used by the Court in recent cases. See United States v. Barry, 20 CR 84 (AJN)",
      "position": "margin"
    },
    {
      "type": "handwritten",
      "content": "Commented [RA(BR7]: GOVERNMENT RESPONSE: This language is redundant of the paragraph in the reasonable doubt instruction, which specifies that it is the jury's duty to acquit if they do not find the defendant guilty beyond a reasonable doubt",
      "position": "margin"
    },
    {
      "type": "handwritten",
      "content": "Commented [RA(8]: GOVERNMENT RESPONSE: There is no need to recite both the presumption of innocence and the defendant's lack of burden in this sentence. One or the other is sufficient to make the point",
      "position": "margin"
    },
    {
      "type": "printed",
      "content": "DOJ-OGR-00006077",
      "position": "footer"
    }
  ],
  "entities": {
    "people": [
      "Maxwell",
      "Alison J. Nathan",
      "Jones",
      "Pizarro",
      "Barry"
    ],
    "organizations": [
      "Government",
      "Court"
    ],
    "locations": [],
    "dates": [
      "11/04/21"
    ],
    "reference_numbers": [
      "1:20-cr-00330-PAE",
      "410-1",
      "16 Cr. 533",
      "17 Cr. 151",
      "20 CR 84",
      "DOJ-OGR-00006077"
    ]
  },
  "additional_notes": "The document appears to be a court document related to the case of Ms. Maxwell. The text is mostly printed, with some handwritten comments in the margin. The document discusses the presumption of innocence and the burden of proof in a criminal trial."
}