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10 11 12 13 Case 1:20-cr-00330-PAE Document563_ Filed 12/18/21 Page 15 of 167 Instruction No. 7: Presumption of Innocence and Burden of Proof The law presumes the defendant to be innocent of all charges against her. 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 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, Ms. Maxwell does not have to prove her innocence. This presumption of innocence was with Ms. Maxwell when the trial began and remains with Ms. Maxwell unless and until you are convinced that the Government has proven her guilt beyond a reasonable doubt as to each charge. Even though 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. 14 DOJ-OGR-00008553