Fill and Sign the Jury Instruction Duty to Follow Instructions Etc Form

2.1 Duty to Follow Instructions Presumption of Innocence You must make your decision only on the basis of the testimony and other evidence presented here during the trial; and you must not be influenced in any way by either sympathy or prejudice for or against the Defendant or the Government. You must also follow the law as I explain it t o you whether you agree with that law or not; and you must follow all of my instructions as a whole. You may not single out, or disregard, any of the Court' s instructions on the law. The indictment or formal charge against any Defendant is not evidence of guilt. Indeed, every Defendant is presumed by the law to be innocent. The law does not require a Defendant t o prove innocence or to produce any evidence at all. The Government has the burden of proving a Defendant guilty beyond a reasonable doubt, and if it fails to do so you must find that Defendant not guilty. ANNOTATIONS AND COMMENTS In re Winship, 397 U.S. 358, 364, 90 S.Ct. 1068, 1073, 25 L.Ed.2d 368 (1970) (The due process clause protect s all criminal defendants "against conviction except upon proof beyond a reasonable doubt of every fact necessary t o constitute the crime with which he is charged."); see also Harvell v. Nagle, 58 F.3d 1541, 15 42 (11t h Cir. 1995), reh' g denied, 7 0 F.3 d 128 7 (11t h Cir. 1995).