Laws Lawyers Find Laws Legal Forms State Laws Bills

HAWAII STATUTES AND CODES

§701-114 - Proof beyond a reasonable doubt.

Listen
     §701-114  Proof beyond a reasonable doubt.  (1)  Except as otherwise provided in section 701-115, no person may be convicted of an offense unless the following are proved beyond a reasonable doubt:     (a)   Each element of the offense;     (b)   The state of mind required to establish each element of the offense;     (c)   Facts establishing jurisdiction;     (d)   Facts establishing venue; and     (e)   Facts establishing that the offense was committed within the time period specified in section 701-108.      (2)  In the absence of the proof required by subsection (1), the innocence of the defendant is presumed. [L 1972, c 9, pt of §1; am L 1973, c 136, §2(a)] Cross References   Elements of an offense, see §702-205. COMMENTARY ON §701-114   This section announces the usual burden of proof in criminal cases; the prosecution must prove its case beyond a reasonable doubt.  The matters which must be so proved are spelled out in detail.  They include elements of the offense, the requisite state of mind, and facts establishing jurisdiction, venue, and timeliness. SUPPLEMENTAL COMMENTARY ON §701-114   Section 114(2) of the Proposed Draft of the Code had provided that the "innocence of the defendant is assumed."  The Legislature found that "the use of the word 'assumed' in this manner is novel and prefers the term 'presumed' since it has a definite meaning in jurisprudence."  Conference Committee Report No. 2 (1972).   Act 136, Session Laws 1973, amended this section by adding the introductory phrase now contained in subsection (1) ("Except as otherwise provided in section 701-115, ...") to eliminate the possibility of confusion in the application of §§701-114 and 701-115. Law Journals and Reviews   Agonizing Over Aganon:  A New Approach to Drafting Jury Instructions in Criminal Cases.  10 HBJ No. 13, at pg. 73. Case Notes   Appearance in court by defendant did not waive right to insist that State prove venue.  66 H. 530, 668 P.2d 32.   State need not establish jurisdiction of trial court by proving defendant is over 18 years of age.  67 H. 68, 678 P.2d. 1080.   Proof beyond a reasonable doubt not established where trial judge found defendant guilty based on substantial credible evidence.  72 H. 296, 815 P.2d 1025.   Requirements of HRPP rule 18 and article I, §14 of Hawai`i constitution having been satisfied, venue was proven beyond a reasonable doubt.  78 H. 185, 891 P.2d 272.   State tax maps could not be used to establish venue in DUI prosecution where maps did not represent legislatively authorized schematics of official district boundaries for non-taxation purposes.  80 H. 291, 909 P.2d 1106.   Officer's testimony regarding Ewa boundary of Honolulu district, being probative of "facts establishing venue" under this section, was relevant and admissible under chapter 626, rule 803(b)(20).  80 H. 297, 909 P.2d 1112.   Testimony of officer supplemented with tax map information which court could have taken judicial notice of pursuant to chapter 626, rule 201, constituted substantial evidence supporting "facts establishing venue" with respect to DUI offense.  80 H. 297, 909 P.2d 1112.   Where defendant requested court to instruct jury on time-barred lesser included offense of simple trespass under §708-815, defendant waived statute of limitations under subsection (1)(e).  87 H. 108, 952 P.2d 865.   Defendant's right to have all elements of an offense proven beyond a reasonable doubt was statutorily protected under this section and constitutionally protected under the Hawaii and federal constitutions; as only defendant personally could have waived such fundamental right and such right could not have been waived or stipulated to by defendant's counsel, stipulation by defendant's counsel of the fact that defendant committed defendant's crime within two years of a second or prior conviction of abuse for purposes of the §709-906(7) charge violated defendant's due process rights.  116 H. 3, 169 P.3d 955.   Failure to instruct jury as to venue and timeliness of prosecution is error harmless beyond a reasonable doubt.  5 H. App. 644, 706 P.2d 1321.   State proved jurisdictional facts beyond a reasonable doubt.  8 H. App. 497, 810 P.2d 668.   Failure to instruct jury on state of mind element under §134-7, as required by subsection (1)(b), was prejudicial and not harmless error.  78 H. 422 (App.), 895 P.2d 173.   Judicial notice taken that trial, being held in first circuit, was held in proper circuit.  78 H. 422 (App.), 895 P.2d 173.
Loading...
  • Play
  • Pause
  • Volume:
  • Mute
  • Half
  • Max
  •      §701-114  Proof beyond a reasonable doubt.  (1)  Except as otherwise provided in section 701-115, no person may be convicted of an offense unless the following are proved beyond a reasonable doubt:

        (a)   Each element of the offense;

        (b)   The state of mind required to establish each element of the offense;

        (c)   Facts establishing jurisdiction;

        (d)   Facts establishing venue; and

        (e)   Facts establishing that the offense was committed within the time period specified in section 701-108.

         (2)  In the absence of the proof required by subsection (1), the innocence of the defendant is presumed. [L 1972, c 9, pt of §1; am L 1973, c 136, §2(a)]

     

    Cross References

     

      Elements of an offense, see §702-205.

     

    COMMENTARY ON §701-114

     

      This section announces the usual burden of proof in criminal cases; the prosecution must prove its case beyond a reasonable doubt.  The matters which must be so proved are spelled out in detail.  They include elements of the offense, the requisite state of mind, and facts establishing jurisdiction, venue, and timeliness.

     

    SUPPLEMENTAL COMMENTARY ON §701-114

     

      Section 114(2) of the Proposed Draft of the Code had provided that the "innocence of the defendant is assumed."  The Legislature found that "the use of the word 'assumed' in this manner is novel and prefers the term 'presumed' since it has a definite meaning in jurisprudence."  Conference Committee Report No. 2 (1972).

      Act 136, Session Laws 1973, amended this section by adding the introductory phrase now contained in subsection (1) ("Except as otherwise provided in section 701-115, ...") to eliminate the possibility of confusion in the application of §§701-114 and 701-115.

     

    Law Journals and Reviews

     

      Agonizing Over Aganon:  A New Approach to Drafting Jury Instructions in Criminal Cases.  10 HBJ No. 13, at pg. 73.

     

    Case Notes

     

      Appearance in court by defendant did not waive right to insist that State prove venue.  66 H. 530, 668 P.2d 32.

      State need not establish jurisdiction of trial court by proving defendant is over 18 years of age.  67 H. 68, 678 P.2d. 1080.

      Proof beyond a reasonable doubt not established where trial judge found defendant guilty based on substantial credible evidence.  72 H. 296, 815 P.2d 1025.

      Requirements of HRPP rule 18 and article I, §14 of Hawai`i constitution having been satisfied, venue was proven beyond a reasonable doubt.  78 H. 185, 891 P.2d 272.

      State tax maps could not be used to establish venue in DUI prosecution where maps did not represent legislatively authorized schematics of official district boundaries for non-taxation purposes.  80 H. 291, 909 P.2d 1106.

      Officer's testimony regarding Ewa boundary of Honolulu district, being probative of "facts establishing venue" under this section, was relevant and admissible under chapter 626, rule 803(b)(20).  80 H. 297, 909 P.2d 1112.

      Testimony of officer supplemented with tax map information which court could have taken judicial notice of pursuant to chapter 626, rule 201, constituted substantial evidence supporting "facts establishing venue" with respect to DUI offense.  80 H. 297, 909 P.2d 1112.

      Where defendant requested court to instruct jury on time-barred lesser included offense of simple trespass under §708-815, defendant waived statute of limitations under subsection (1)(e).  87 H. 108, 952 P.2d 865.

      Defendant's right to have all elements of an offense proven beyond a reasonable doubt was statutorily protected under this section and constitutionally protected under the Hawaii and federal constitutions; as only defendant personally could have waived such fundamental right and such right could not have been waived or stipulated to by defendant's counsel, stipulation by defendant's counsel of the fact that defendant committed defendant's crime within two years of a second or prior conviction of abuse for purposes of the §709-906(7) charge violated defendant's due process rights.  116 H. 3, 169 P.3d 955.

      Failure to instruct jury as to venue and timeliness of prosecution is error harmless beyond a reasonable doubt.  5 H. App. 644, 706 P.2d 1321.

      State proved jurisdictional facts beyond a reasonable doubt.  8 H. App. 497, 810 P.2d 668.

      Failure to instruct jury on state of mind element under §134-7, as required by subsection (1)(b), was prejudicial and not harmless error.  78 H. 422 (App.), 895 P.2d 173.

      Judicial notice taken that trial, being held in first circuit, was held in proper circuit.  78 H. 422 (App.), 895 P.2d 173.

     

    Hawaii Forms by Issue

    Hawaii Court Forms
    >
    >
    >
    >

    Hawaii Law

    Hawaii State Laws
        > Hawaii Child Support
        > Hawaii Gun Laws
        > Hawaii Statutes
    Hawaii State
        > Hawaii State Library
        > Hawaii Zip Code
    Hawaii Tax
        > Hawaii State Tax
    Hawaii Agencies
        > Hawaii DMV

    Hawaii Court Map

    Tips