THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

VOLUME 17 - CHAPTER 302
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302.1 General Principles

    302.1.1 Death Eligibility Determination Requires Full Federal Constitutional Due Process And Trial By Jury Protections
    302.1.2 Death Eligibility: Applicability Of Circumstantial Evidence Rules
    302.1.3 Death Penalty: Constitutionality Of Executing The Mentally Retarded
    302.1.4 Death Penalty: Constitutionality Of Executing Juveniles

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

VOLUME 17 - CHAPTER 302

    See NCJIC 301.1.3 [Death Penalty: Narrowing Determination Must Be Made By Jury And Comport With 5th, 6th And 14th Amendments].

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

VOLUME 17 - CHAPTER 302

RATIONALE: When the jury must make inferences from circumstantial evidence relevant to the penalty decision it may be necessary to specifically instruct the jury as to the circumstantial evidence principles which apply to such evidence.

POINTS AND AUTHORITIES: OKLAHOMA UNIFORM JURY INSTRUCTIONS - CRIMINAL, OUJI-CR 4-77 [Death Penalty-Circumstantial Evidence-Excluding Reasonable Theories Other Than Existence Of Aggravated Circumstance] (1997 Supp.) (Oklahoma Center for Criminal Justice, 2nd ed. 1996); CALIFORNIA JURY INSTRUCTIONS - CRIMINAL, CALJIC 8.83 [Special Circumstances–Sufficiency Of Circumstantial Evidence–Generally] (West, 6th Ed. 1996).

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 2.3; Death Penalty Macro 13.3].

    The State relies [in part] upon circumstantial evidence for proof of the aggravating circumstance(s) of [specify the aggravating circumstances(s) that is/are applicable]. In order to warrant a finding of any aggravating circumstance or circumstances upon circumstantial evidence, each fact necessary to prove the existence of the circumstance must be established by the evidence beyond a reasonable doubt. All the facts necessary to such proof must be consistent with each other and with the conclusion the State seeks to establish. All of the facts and circumstances, taken together, must be inconsistent with any reasonable theory or conclusion other than the existence of the aggravating circumstance. All of the facts and circumstances, taken together, must establish to your satisfaction the existence of the aggravating circumstance beyond a reasonable doubt.

[Source: OKLAHOMA UNIFORM JURY INSTRUCTIONS - CRIMINAL, OUJI-CR 4-77 [Death Penalty-Circumstantial Evidence-Excluding Reasonable Theories Other Than Existence Of Aggravated Circumstance] (1997 Supp.) (Oklahoma Center for Criminal Justice, 2nd ed. 1996).]

    You are not permitted to find a special circumstance alleged in this case to be true based on circumstantial evidence unless the proved circumstance is not only (1) consistent with the theory that a special circumstance is true, but (2) cannot be reconciled with any other rational conclusion.

    Further, each fact which is essential to complete a set of circumstances necessary to establish the truth of a special circumstance must be proved beyond a reasonable doubt.

    In other words, before an inference essential to establish a special circumstance may be found to have been proved beyond a reasonable doubt, each fact or circumstance upon which that inference necessarily rests must be proved beyond a reasonable doubt.

    Also, if the circumstantial evidence is susceptible of two reasonable interpretations, once of which points to the truth of a special circumstance and the other to its untruth, you must adopt the interpretation which points to its untruth, and reject the interpretation which points to its truth.

    If, on the other hand, one interpretation of that evidence appears to you to be reasonable and the other interpretation to be unreasonable, you must accept the reasonable interpretation and reject the unreasonable.

[Source: CALIFORNIA JURY INSTRUCTIONS - CRIMINAL, CALJIC 8.83 [Special Circumstances–Sufficiency Of Circumstantial Evidence–Generally] (West, 6th Ed. 1996).]