Haw. Pattern Jury Instr. (Criminal) 9.08

H.R.S. § 707-702(2)

If and only if you unanimously find that all the elements

of (specify murder charge) have been proven by the prosecution

beyond a reasonable doubt [and you unanimously find that the

defendant was not justified in using deadly force], then you

must consider whether, at the time defendant caused the death,

he/she was under the influence of extreme mental or emotional

disturbance for which there is a reasonable explanation. The

reasonableness of the explanation shall be determined from the

viewpoint of a person in the defendant's situation under the

circumstances of which the defendant was aware or as the

defendant believed them to be.

The prosecution must prove beyond a reasonable doubt that

the defendant was not, at the time that he/she caused the death

of (decedent), under the influence of extreme mental or

emotional disturbance for which there is a reasonable

explanation. If you unanimously find that the prosecution has

done so, then you must return a verdict of guilty of (specify

murder charge). If you unanimously find that the prosection has

not done so, then you must return a verdict of guilty of

Manslaughter based upon extreme mental or emotional disturbance.

If you are unable to reach a unanimous agreement as to

whether the prosecution has proved, or failed to prove, that the

defendant was not under the influence of extreme mental or

emotional disturbance, then your decision is not unanimous and a

verdict may not be returned on this offense.