THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 17 - CHAPTER 302
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302.3 Financial Gain Death Qualifier

    302.3.1 Financial Gain Death Qualifier: Role Of Motive Instruction
    302.3.2 Financial Gain Death Qualifier: Victim's Death Must Be Essential Prerequisite

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

VOLUME 17 - CHAPTER 302

    302.3.1    Financial Gain Death Qualifier: Role Of Motive Instruction

RATIONALE: The standard pattern instruction on motive, which suggests that motive is not an element of the charge, may mislead the jury with regard to a financial gain death qualification allegation.

POINTS AND AUTHORITIES: A standard instruction which tells the jury that motive is not an element of the crime charged and need not be proven may mislead or confuse the jury regarding the financial fain special circumstance allegation which requires a purpose or motive. (But see People v. Noguera (CA 1992) 4 C4th 599, 637 [15 CR2d 400] [jury would have understood that "crime charged" did not include special circumstance allegation].) Hence, when requested, a clarifying instruction on this point may be appropriate.

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

See Capital Punishment Handbook [4.7.3.11a. Pecuniary Gain: Authorities].

    However, motive is an element of the financial gain special circumstance alleged by the prosecution. To finds that allegation to be true you must find beyond a reasonable doubt that the defendant had the necessary purpose, intent and motive as set forth in the instructions on the financial gain special circumstance.

[Source: NCJIC.]

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

VOLUME 17 - CHAPTER 302

    302.3.2    Financial Gain Death Qualifier: Victim's Death Must Be Essential Prerequisite

PRACTICE NOTE: It has been held that a financial gain allegation may not be submitted to the jury unless there is evidence that "the victim's death [was] the consideration for, or an essential prerequisite to, the financial gains sought by the defendant." (People v. Howard (CA 1992) 1 C4th 1132, 1180-81 [5 CR2d 268]; see also People v. Mickey (CA 1991) 54 C3d 612, 678 [286 CR 801].) Hence, when appropriate the jury should be so instructed.

See Capital Punishment Handbook [4.7.3.11a. Pecuniary Gain: Authorities].