10th Cir. Crim. Pattern Jury Instr. 3.07

GENERALLY

Although it is left solely to you to decide whether the death

penalty should be imposed, Congress has narrowed and channeled

your discretion in specific ways, particularly by directing you to

consider and weigh aggravating and mitigating factors presented

by the case. These factors guide your deliberations by focusing on

certain circumstances surrounding the crime, [characteristics of

the victim], and personal traits, character, and background of the

defendant.

Aggravating factors are considerations that tend to support

imposition of the death penalty. The government is required to

specify the factors it relies on, and your deliberations are

constrained by its choice. Even if you believe that the evidence

reveals other aggravating factors, you may not consider them.

Mitigating factors are considerations that suggest that a

sentence of death should not be imposed. They need not justify or

excuse the defendant’s conduct, but they do suggest that a

punishment less than death may be sufficient to do justice in the

case.

Aside from the condition that the government prove at least

one statutory aggravating factor, your task is not simply to decide

whether, which, or how many aggravating and mitigating factors

are present in the case. You also must evaluate and weigh such

factors and, ultimately, make a unique individualized judgment

about the justification for and appropriateness of the death

penalty as a punishment for the defendant.