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Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 11 of 93 Presumption of Innocence and Burden of Proof 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 defeadants-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, ske-Ms. Maxwell does not have to prove her innocence. This presumption of innocence was with +hedefeadantMs. Maxwell when the trial began and remains with edefeadastMs. Maxwell unless and until you are convinced that the Government has proven +he-defeadantsher guilt beyond a reasonable doubt_as to cach charge. deed. the pres tion 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. H+he Commented [CE7]: The proposed additional language tracks the language used by the Court in recent See United States v. Berry, 20 CR 84 (AJN) Commented [RA(8R7]: GOVERNMENT RESPONSE: defense, the presumption of innocence remains with her_and it is not her burden to prove that she ean og webporres raat gpd — tenes mite jury’s duty to acquit if they do not find the defendant guilty It is always the Government’s burden to prove each of the elements of the crimes beyond a reasonable doubt Commented [RA(9]: GOVERNMENT RESPONSE: charged beyond a reasonable doubt.] There is no need to recite both the presumption of innocence [Jfnecessary: Even though the defendants. Maxwell has presented evidence in her and the defendant's lack of burden in this sentence One or the other is sufficient to make the point 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). ll DOJ-OGR-00006077