8th Cir. Model Jury Instr. (Criminal) 12.11

If you find unanimously and beyond a reasonable doubt [that defendant was eighteen years of age or older when [he] [she] committed the [offense] [offenses];] that [he] [she] acted with the requisite intent; and that the [government] [prosecution] proved the existence of at least one statutory aggravating factor; and after you then determine whether the [government] [prosecution] proved the existence of the nonstatutory aggravating factors submitted to you, and whether the defendant proved the existence of any mitigating factors, you will then engage in a weighing process.1 In determining the appropriate sentence, all of you must weigh the aggravating factor or factors that you unanimously found to exist—whether statutory or nonstatutory—and each of you must weigh any mitigating factor[s] that you individually found to exist, and may weigh any mitigating factor[s] that [another] [others] of your fellow jurors found to exist. In engaging in the weighing process, you must avoid any influence of passion, prejudice, or undue sympathy. Your deliberations should be based upon the evidence you have seen and heard and the law on which I have instructed you.

Again, whether or not the circumstances in this case justify a sentence of death is a decision that the law leaves entirely to you.

The process of weighing aggravating and mitigating factors against each other [or weighing aggravating factors alone, if there are no mitigating factors,] in order to determine the proper punishment is not a mechanical process. In other words, you should not simply count the number of aggravating [and mitigating] factors and reach a decision [based on which number is greater]; you should consider the weight and value of each factor.

The law contemplates that different factors may be given different weights or values by different jurors. Thus, you may find that one mitigating factor outweighs all aggravating factors combined, or that the aggravating factor[s] proved [does] [do] not, standing alone, justify imposition of a sentence of death. If one or more of you so find, you must return a sentence of life in prison without possibility of release [or a lesser sentence to be determined by the court]. Similarly, you may unanimously find that a particular aggravating factor sufficiently outweighs all mitigating factors combined to justify a sentence of death. You are to decide what weight or value is to be given to a particular aggravating or mitigating factor in your decisionmaking process.

If you unanimously conclude that the aggravating factor or factors found to exist sufficiently outweigh any mitigating factor or factors which any of you found to exist to justify a sentence of death, [or in the absence of any mitigating factors, that the aggravating factor or factors alone are sufficient to justify a sentence of death], and that therefore death is the appropriate sentence in this case, you must record your determination that a sentence of death shall be imposed on [the appropriate] page [_____] of Section [V] [VI]A, on [Page _____ of] the Special Verdict Form.

[Continue with Option A or Option B, as appropriate.]

Option A: To be given if the statute requires that the sentence be death or life imprisonment without possibility of parole:

If you determine that death is not justified, you must complete Section [V] [VI] A on [the appropriate] page [_____] of Section [V] [VI] of the Special Verdict Form, and you must then record your determination that the defendant be sentenced to life imprisonment without possibility of release2 on [the appropriate] page [_____] of Section [V] [VI]B of the Special Verdict Form.]

Option B: To be given if the statute allows a sentence less than life imprisonment without possibility of release:

If you determine that death is not justified, you must complete Section [V] [VI] A on [the appropriate] page [_____] of Section [V] [VI] of the Special Verdict Form, and you must then determine whether the appropriate punishment is life in prison without possibility of release. Record that determination on [the appropriate] page [_____] of Section [V] [VI]B of the Special Verdict Form.] If you do not return a punishment of death or life imprisonment without possibility of release, the court must sentence the defendant to a lesser punishment as provided by law. [That sentence may or may not be life imprisonment.] [There is no parole in the federal system.]