Proposed Mississippi Plain Language Model Jury Instructions - Criminal 2710

[Name of defendant] is charged in count ____ with capital murder.

If you find beyond a reasonable doubt from the evidence in this case that:

1. On or about [date of alleged crime], in ____________ County;

2A. [Name of defendant] unlawfully and with deliberate design killed [name of victim], a human

being, by ________________ [describe defendant’s alleged actions];

OR

2B. Although [name of defendant] did not have a premeditated design to kill [name of victim],

[name of defendant] unlawfully and with a depraved heart killed [name of victim], a human

being, by ______________________ [describe defendant’s alleged actions]; and

3. [Name of victim] was a peace officer or fireman acting _______________________ [specify

(1) in [his/her] official capacity as a peace officer or fireman or (2) by [reason/result] of an act

performed in [his/her] official capacity]; and

4A. When [name of defendant] unlawfully and with deliberate design killed [name of victim],

[name of defendant] knew [name of victim] was a peace officer or fireman;

OR

4B. When [name of defendant] unlawfully and with a depraved heart killed [name of victim],

[name of defendant] knew [name of victim] was a peace officer or fireman, [and

5. [Name of defendant] was not acting in self-defense,]*

then you shall find [name of defendant] guilty as charged.

If the State did not prove any one of the above listed elements beyond a reasonable doubt,

then you shall find [name of defendant] not guilty of count _____.

Definition(s) in this Instruction:

In this instruction, “deliberate design” means a person decides to unlawfully kill another

person, and there is no legally justifiable or excusable reason for doing so. The decision to kill a

person can be formed very quickly and may occur only moments before the actual act of killing.

However, deliberate design cannot be formed at the exact moment of the act of killing.

In this instruction, “depraved heart” means a person acts in a highly dangerous way which

shows that [he/she] does not care for the safety of human life. Even if someone does not intend to

kill a particular person, [he/she] can still be guilty of murder if [he/she] acts with a depraved

heart, and a person is killed as a result.

In this instruction, “peace officer” means any state or federal law enforcement officer,

including, but not limited to, a federal park ranger; the sheriff of or police officer of a city or

town; a conservation officer; a parole officer; judge; senior status judge; special judge; district

attorney; legal assistant to a district attorney; county prosecuting attorney; any other court

official; an agent of the Alcoholic Beverage Control Division of the State Tax Commission; an

agent of the Bureau of Narcotics; personnel of the Mississippi Highway Patrol; employees of the

Department of Corrections who are designated as peace officers by the Commissioner of

Corrections pursuant to Section 47-5-54; the superintendent, deputies, guards, officers, and other

employees of the Mississippi State Penitentiary.