Proposed Mississippi Plain Language Model Jury Instructions - Criminal 112A

You have found [name of defendant] guilty of the crime of capital murder. You must now

decide whether [name of defendant] will be sentenced to death or life imprisonment without

parole. In reaching your decision, you must [objectively/carefully] consider the detailed

circumstances of the offense for which [name of defendant] was convicted, and the character and

record of [name of defendant] [himself/herself]. You must consider and weigh any aggravating

and mitigating circumstances as set out later in this instruction. You are cautioned not to be

swayed by mere sentiment, [conjecture/speculation], sympathy, passion, prejudice, public

opinion, or public feeling.

A.

First, to return the death penalty in this case you must unanimously find beyond a

reasonable doubt from the evidence that one (1) or more of the following facts exist:

1. [Name of defendant] actually killed [name of victim];

2. [Name of defendant] attempted to kill [name of victim];

3. [Name of defendant] intended that the killing of [name of victim] take place; or

4. [Name of defendant] [contemplated/thought] that [lethal/deadly] force would be

[employed/used].

If you do not find that any of the above facts exist beyond a reasonable doubt from the

evidence, then the death penalty [cannot/shall not] be imposed, and you shall write the following

verdict on a sheet of paper [or you may fill in the attached verdict form]:

“We, the jury, find the defendant should be sentenced to life imprisonment without

parole.”

However, if you unanimously find beyond a reasonable doubt from the evidence that one

(1) or more of the above facts do exist, then you may continue to section B.

List the fact(s) from above, if any, which you found do exist: _____________________

_____________________________________________________________________________.

B.

Next, you must consider whether there are any aggravating circumstances to this crime.

Aggravating circumstances are those circumstances which tend to support the death penalty.

Consider only the following aggravating circumstances in determining whether the death penalty

should be imposed:

[1. The capital offense was committed by a person under a sentence of imprisonment;]

[2. [Name of defendant] was previously convicted of another capital offense or of a felony

involving the use or threat of violence to the person;]

[3. [Name of defendant] knowingly created a great risk of death to many [persons/people];]

[4. The capital offense was committed while [name of defendant] was engaged, or was an

accomplice, in the commission of, or an attempt to commit, or flight after committing or

attempting to commit, a robbery, rape, arson, burglary, kidnapping, aircraft piracy, sexual battery,

unnatural intercourse with a child under the age of 12, or nonconsensual unnatural intercourse

with mankind, or felonious abuse and/or battery of a child in violation of Section 97-5-39(2) of

the Mississippi Code of 1972, or the unlawful use or detonation of a bomb or explosive device;]

[5. The capital offense was committed for the purpose of avoiding or preventing a lawful arrest

or [effecting an escape/escaping] from custody;]

[6. The capital offense was committed for [pecuniary/financial/monetary] gain;]

[7. The capital offense was committed to [disrupt/interrupt/hinder/interfere with] the lawful

exercise of a governmental function or the enforcement of laws;] or

[8. The capital offense was especially heinous, atrocious, or cruel.]

You must unanimously find beyond a reasonable doubt from the evidence that one (1) or

more of the above aggravating circumstances exist in this case in order to return the death

penalty. If you do not find that one (1) or more of these aggravating circumstances exist, then the

death penalty [cannot/shall not] be imposed, [you should not deliberate any further1], and you

shall write the following verdict on a sheet of paper [or you may fill in the attached verdict form]:

“We, the jury, find the defendant should be sentenced to life imprisonment without

parole.”

However, if you unanimously find beyond a reasonable doubt from the evidence that one

(1) or more of the above aggravating circumstances do exist, then you may continue to section C.

List the aggravating circumstance(s) from above, if any, which you found do exist: ____

______________________________________________________________________________

_____________________________________________________________________________.

C.

If you unanimously find beyond a reasonable doubt from the evidence that one (1) or

more of the above aggravating circumstances exist, then you must consider whether there are any

mitigating circumstances to this crime or any mitigating circumstances concerning [name of

defendant]. Mitigating circumstances are those circumstances which tend to support the less

1

Committee Note: The criminal subcommittee was equally divided about whether this

language was needed. The intent of the language is to emphasize the step-by-step process

necessary to impose the death penalty.

severe penalty of life imprisonment without parole. Consider the following mitigating

circumstances:

[1. [Name of defendant] has no significant history of prior criminal activity;]

[2. The offense was committed while [name of defendant] was under the influence of an extreme

mental or emotional disturbance;]

[3. [Name of victim] was a participant in [name of defendant]’s conduct or consented to the act;]

[4. [Name of defendant] was an accomplice in the capital offense committed by another person

and [his/her] participation was relatively minor;]

[5. [Name of defendant] acted under extreme duress or under the substantial [domination/control]

of another person;]

[6. The capacity of [name of defendant] to [appreciate the criminality of [his/her]

conduct/understand that [his/her] actions were criminal] or to [conform/change] [his/her] conduct

to the requirements of the law was substantially [impaired/affected];]

[7. The age of [name of defendant] at the time of the crime;] and

8/_. Any other matter, any other aspect of [name of defendant]’s character or record, and any

other circumstance of the offense brought to you during the trial of this case which you find to be

mitigating on behalf of [name of defendant].

If you find from the evidence that one (1) or more of the above mitigating circumstances

exist, then each of you must consider whether [it/they] outweigh(s) or overcome(s) the

aggravating circumstance(s) which you have previously found. If you find that the mitigating

circumstance(s) [do/does] outweigh or overcome the aggravating circumstance(s), then you

[cannot/shall not] impose the death penalty.

However, if you unanimously find beyond a reasonable doubt from the evidence that

there are insufficient mitigating circumstance(s) to outweigh the aggravating circumstance(s),

then you may impose the death sentence. Continue to section D.

D.

You must write the verdict on a separate sheet of paper [or you may fill in the attached

verdict form]. The foreperson must sign the written verdict. You should write your verdict in one

of the following forms:

1. We, the jury, unanimously find beyond a reasonable doubt from the evidence that the

following fact(s) existed at the time of the commission of the capital murder (list the fact(s)

found in section A):

_______________________________________________________________________

______________________________________________________________________________

Next, we, the jury, unanimously find beyond a reasonable doubt from the evidence that

the following aggravating circumstance(s) exist(s) (list the aggravating circumstance(s) found in

section B):

______________________________________________________________________________

_____________________________________________________________________________.

And there are insufficient mitigating circumstance(s) to outweigh the aggravating

circumstance(s). Therefore, we, the jury, unanimously find that [name of defendant] should

suffer death.

__________________________________

Foreperson of the jury

2. We, the jury, unanimously find that [name of defendant] should be sentenced to life

imprisonment without parole.

__________________________________

Foreperson of the jury

3. We, the jury, are unable to agree unanimously on punishment.

__________________________________

Foreperson of the jury