Colorado Revised Statutes
Colo. Rev. Stat. § 18-1-402 (2026)
Presumption of innocence
✓ current as of July 2026
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Every person is presumed innocent until proved guilty. No person shall be convicted of any offense unless his guilt thereof is proved beyond a reasonable doubt.
Source: L. 71: R&RE, p. 398, § 1. C.R.S. 1963: § 40-1-502.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1977–2025 · leading case: People v. Tenneson, 788 P.2d 786 (Colo. 1990).
People v. Tenneson, 788 P.2d 786 (Colo. 1990). “An instruction that the jury must be convinced beyond a reasonable doubt that any mitigating factors do not outweigh the proven statutory aggravating factors before a defendant can be sentenced to death does no more than communicate to the jury the degree of certainty upon which…”
People v. Ledman, 622 P.2d 534 (Colo. 1981). “This constitutional mandate, however, does not impair the legislature’s competence to establish the statutory constituents of criminal culpability for various offenses and to formulate particular rules of justification or excuse for acts that otherwise might be criminally…”
People v. Russo, 713 P.2d 356 (Colo. 1986). “We believe that if the legislature intended to permit this special jury finding to be made on less than the reasonable doubt standard applicable to the trial of substantive crimes, § 18-1-402, 8 C.R.S. (1978), it would have so stated.”
People v. Madonna, 651 P.2d 378 (Colo. 1982). “The remaining issue we consider here is the validity of a sentence of ninety days for contempt of court which the defendant was ordered to serve because he failed to appear at his sentencing hearing on October 5, 1978. The defendant was free on bond and arrived at the sentencing…”
People v. Lara, 224 P.3d 388 (Colo. Ct. App. 2009). “See § 18-1-402, C.R.S. 2008 ("No person shall be convicted of any offense unless his guilt thereof is proved beyond a reasonable doubt.”
Vega v. People, 893 P.2d 107 (Colo. 1995). “2d 368 (1970); § 18-1-402 (“No person shall be convicted of any offense unless his guilt thereof is proved beyond a reasonable doubt.”
People v. Tafoya, 703 P.2d 663 (Colo. Ct. App. 1985). “See also § 18-1-402, C.R.S. (1978 Repl.Vol. 8). However, a trial court’s discretionary refusal to grant an indigent defendant’s request for investigatory or other services will be upheld absent a showing that the services sought were reasonable, necessary, and helpful to the…”
People v. Donelson, 570 P.2d 542 (Colo. 1977). “Under our disposition of the matter, we do not reach the constitutional question. Judgment reversed and cause remanded with directions to grant defendant’s motion for judgment of acquittal.”
People v. Carpenter, 885 P.2d 334 (Colo. Ct. App. 1994). “8A) (probation revocation); and § 18-1-402, C.R.S. (1986 Repl.Vol. 8B) (criminal proceedings).”
People v. Beamer, 668 P.2d 990 (Colo. Ct. App. 1983). “Section 18-1-402, C.R.S.1973 (1978 Repl.Vol.”
People v. Sprouse, 962 P.2d 300 (Colo. Ct. App. 1997). “” Section 18-1-402, C.R.S.1997. The prosecution has the burden of disproving affirmative defenses.”
People v. Aragon, 665 P.2d 137 (Colo. Ct. App. 1982). “” Section 18-1-402, C.R.S.1973 (1978 Repl. Vol.”
— Colo. Rev. Stat. § 18-1-402(3) — 1 case
People v. Madonna, 651 P.2d 378 (Colo. 1982). “The remaining issue we consider here is the validity of a sentence of ninety days for contempt of court which the defendant was ordered to serve because he failed to appear at his sentencing hearing on October 5, 1978. The defendant was free on bond and arrived at the sentencing…”
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