2025 Session
Last amended: 1986 session
§ 611.02 — Presumption of Innocence; Conviction of Lowest Degree, When
Plain-Language Summary
Every person accused of a crime is presumed innocent until proven guilty. If there is a reasonable doubt about whether the person committed the crime, they must be found not guilty. If the person is found guilty but there is doubt about which level of the crime they committed, they can only be convicted of the lowest level.
611.02 PRESUMPTION OF INNOCENCE; CONVICTION OF LOWEST DEGREE, WHEN.
Every defendant in a criminal action is presumed innocent until the contrary is proved and, in case of a reasonable doubt, is entitled to acquittal; and when an offense has been proved against the defendant, and there exists a reasonable doubt as to which of two or more degrees the defendant is guilty, the defendant shall be convicted only of the lowest.
History:
History: History: (9952) RL s 4784; 1986 c 444
Practical Notes
This is one of the most important rights in criminal law. The prosecution must prove guilt beyond a reasonable doubt. If you are on a jury and have reasonable doubt, you must vote not guilty. If the evidence shows guilt but you are unsure about the severity, you must convict on the lesser charge.