Members of the Jury, you have now found the defendant guilty beyond a reasonable doubt of murder in the first degree as charged in the _____________ count of indictment number _________.
It is now your duty to determine, within the limits prescribed by law, the penalty which shall be imposed as punishment for this offense. Tennessee law provides that a person convicted of murder in the first degree shall be punished by death, by imprisonment for life without possibility of parole, or by imprisonment for life. A defendant who receives a sentence of imprisonment for life shall not be eligible for parole consideration until the defendant has served at least twenty-five (25) full calendar years of such sentence. A defendant who receives a sentence of imprisonment for life without parole shall never be eligible for release on parole.
In arriving at this determination, you are authorized to weigh and consider any mitigating circumstances and any of the statutory aggravating circumstances which may have been raised by the evidence throughout the entire course of this trial, including the guilt-finding phase or sentencing phase or both. The jury is the sole judge of the facts, and of the law as it applies to the facts in the case. In arriving at your verdict, you are to consider the law in connection with the facts; but the Court is the proper source from which you are to get the law. In other words, you are the judges of the law as well as the facts under the direction of the Court.
The burden of proof is upon the state to prove any statutory aggravating circumstance or circumstances beyond a reasonable doubt. A reasonable doubt is a doubt based upon reason and common sense after careful and impartial consideration of all the evidence in this case.
It is not necessary that the aggravating circumstance or circumstances be proved beyond all possible doubt, as absolute certainty is not demanded by the law.
A reasonable doubt is just that -- a doubt that is reasonable after an examination of all the facts of this case.
The law makes you, the jury, the sole and exclusive
judges of the credibility of the witnesses and the weight to be
given to the evidence.
Tennessee law provides that no sentence of death or sentence of imprisonment for life without possibility of parole shall be imposed by a jury but upon a unanimous finding that the state has proven beyond a reasonable doubt the existence of one (1) or more of the statutory aggravating circumstances, which shall be limited to the following:
[(1) The murder was committed against a person less than twelve (12)
years of age and the defendant was eighteen (18) years of age or
older.]
[(2) The defendant was previously convicted of one (1) or more felonies,
other than the present charge, the statutory elements of which
involve the use of violence to the person. The state is relying upon
the crime(s) of ________, which is (are) a felony involving the use of
violence to the person.]
[(3) The defendant knowingly created a great risk of death to two (2) or
more persons, other than the victim murdered, during the act of
murder.]
[(4) The defendant committed the murder for remuneration or the
promise of remuneration, or employed another to commit the murder
for remuneration or the promise of remuneration.]
[(5) The murder was especially heinous, atrocious, or cruel in that it
involved torture or serious physical abuse beyond that necessary to
produce death.]
[(6) The murder was committed for the purpose of avoiding, interfering
with, or preventing a lawful arrest or prosecution of the defendant
or another.]
[(7) The murder was committed while the defendant was engaged in
committing, or was an accomplice in the commission of, or was
attempting to commit, or was fleeing after committing or
attempting to commit, any first degree murder, arson, rape, robbery,
burglary, theft, kidnapping, aircraft piracy, or unlawful throwing,
placing or discharging of a destructive device or bomb.]1
[(8) The murder was committed by the defendant while [he] [she] was in
lawful custody or in a place of lawful confinement or during the
defendant's escape from lawful custody or from a place of
lawful confinement.]
[(9) The murder was committed against any law enforcement officer,
corrections official, corrections employee or firefighter, who was
engaged in performance of official duties, and the defendant knew
or reasonably should have known that such victim was a law
enforcement officer, corrections official, corrections employee or
firefighter, engaged in the performance of official duties.]
[(10) The murder was committed against any present or former judge,
district attorney general or state attorney general, assistant district
attorney general, or assistant state attorney general due to or
because of the exercise of the victim's official duty or status and the
defendant knew that the victim occupied said office.]
[(11) The murder was committed against a national, state, or local
popularly elected official, due to or because of the official's lawful
duties or status, and the defendant knew that the victim was such an
official.]
[(12) The defendant committed "mass murder" which is defined as the
murder of three (3) or more persons within the State of Tennessee
within a period of forty-eight (48) months, and perpetrated in a
similar fashion in a common scheme or plan.]
You are instructed that the word:
"HEINOUS" means grossly wicked or reprehensible, abominable; odious;
vile.
"ATROCIOUS" means extremely evil or cruel; monstrous; exceptionally
bad; abominable.
"CRUEL" means disposed to inflict pain or suffering; causing suffering;
painful.
"TORTURE" means the infliction of severe physical or mental pain upon
the victim while he or she remains alive and conscious.
Members of the Jury, the court has read to you the aggravating circumstances which the law requires you to consider if you find beyond a reasonable doubt that the evidence was established. You shall not take account of any other facts or circumstances as the basis for deciding whether the death penalty or imprisonment for life without possibility of parole would be appropriate punishment in this case.
1. The Tennessee Supreme Court has held that, when the defendant is
convicted of first-degree murder solely on the basis of felony murder, the
aggravating circumstance in (7) cannot be constitutionally applied because it
duplicates the elements of the offense. State v. Middlebrooks, 840 S.W.2d
317 (Tenn. 1992).
Tennessee law provides that in arriving at the punishment, the jury shall consider as previously indicated, any mitigating circumstances which shall include, but are not limited to, the following:
[(1) The defendant has no significant history of prior criminal activity.
(Conviction of the crime of ____________ is not an aggravating
circumstance to be considered in determining the penalty, but a
conviction of that crime may be considered in determining whether or
not the defendant has a significant history of prior criminal activity.)]
[(2) The murder was committed while the defendant was under the
influence of extreme mental or emotional disturbance.]
[(3) The victim was a participant in the defendant's conduct or consented
to the act.]
[(4) The murder was committed under circumstances which the defendant
reasonably believed to provide a moral justification for the
defendant's conduct.]
[(5) The defendant was an accomplice in the murder committed by
another person and the defendant's participation was relatively
minor.]
[(6) The defendant acted under extreme duress or under the substantial
domination of another person.]
[(7) The youth or advanced age of the defendant at the time of the crime.]
[(8) The capacity of the defendant to appreciate the wrongfulness of
[his] [her] conduct or to conform [his] [her] conduct to the
requirements of the law was substantially impaired as a result of
mental disease or defect or intoxication which was insufficient to
establish a defense to the crime but which substantially affected
[his] [her] judgment.]
(9) Any other mitigating factor which is raised by the evidence produced
by either the prosecution or defense at either the guilt or sentencing
hearing; that is, you shall consider any aspect of the defendant's
character or record, or any aspect of the circumstances of the offense
favorable to the defendant which is supported by the evidence.1
No distinction shall be made between mitigating circumstances one (1) through eight (8) and those otherwise raised by the evidence which are specifically requested by either the state or defense.2
The defendant does not have the burden of proving a mitigating circumstance. If there is some evidence that a mitigating circumstance exists, then the burden of proof is upon the state to prove, beyond a reasonable doubt, that the mitigating circumstance does not exist.
There is no requirement of jury unanimity as
to any particular mitigating circumstance, or that you agree on
the same mitigating circumstance.
1. Note that mitigating circumstance (9) must be charged in every case. It is a
compilation of U.S. Supreme Court cases.
2. Tenn. Code Ann. § 39-13-204(e).
If you do not unanimously determine that a statutory aggravating circumstance has been proved by the state beyond a reasonable doubt, the sentence shall be life imprisonment. You will write your verdict upon the enclosed form attached hereto and made a part of this charge.
The verdict shall be as follows:
We, the jury, unanimously find that the punishment shall be life
imprisonment.
If you unanimously determine that a statutory
aggravating circumstance or circumstances have been proved by
the state beyond a reasonable doubt but that said statutory aggravating
circumstance or circumstances have not been proven by the state
to outweigh any mitigating circumstances beyond a reasonable doubt,
you shall, in your considered discretion, sentence the defendant
either to imprisonment for life without possibility of parole
or to imprisonment for life. In choosing between the sentences
of imprisonment for life without possibility of parole and imprisonment
for life, you shall weigh and consider the statutory aggravating
circumstance or circumstances proven by the state beyond a reasonable
doubt and any mitigating circumstance or circumstances. In your
verdict you shall reduce to writing the statutory aggravating
circumstance or circumstances so found and shall return your verdict
upon the enclosed form attached hereto and made a part of this
charge.
The verdict should be as follows:
We, the jury, unanimously find that the state has proven the
following listed statutory aggravating circumstance or circumstances
beyond a reasonable doubt;
We, the jury, unanimously find that such statutory aggravating
circumstance or circumstances do not outweigh any mitigating
circumstance or circumstances beyond a reasonable doubt, therefore;
You shall then indicate on the enclosed verdict form either:
We, the jury, unanimously agree that the defendant shall be
sentenced to imprisonment for life without possibility of parole;
We, the jury, unanimously agree that the defendant shall be
sentenced to imprisonment for life.
The verdict must be unanimous and signed by
each juror.
If you unanimously determine that at least one statutory aggravating circumstance or several statutory aggravating circumstances have been proven by the state, beyond a reasonable doubt, and said circumstance or circumstances have been proven by the state to outweigh any mitigating circumstance or circumstances, beyond a reasonable doubt the sentence shall be death. The jury shall reduce to writing the statutory aggravating circumstance or statutory aggravating circumstances so found, and signify that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances outweigh any mitigating circumstances.
You will write your findings and verdict upon the enclosed form attached hereto and made a part of this charge. Your verdict shall be as follows:
(1) We, the jury, unanimously find the following listed statutory
aggravating circumstance or circumstances;
(2) We, the jury, unanimously find that the state has proven beyond a
reasonable doubt that the statutory aggravating circumstance or
circumstances so listed above outweigh any mitigating
circumstances.
(3) Therefore, we, the jury, unanimously find that the punishment shall be
death.
The verdict must be unanimous and signed by each juror.
Take the case, consider all the evidence fairly
and impartially, complete
one of the three (3) forms, and report your
verdict to the court.
______________________________
JUDGE
______________________________
DATE
We, the jury, unanimously determine that no
statutory aggravating circumstance has been proven by the state
beyond a reasonable doubt. We, the jury, therefore find that
the sentence shall be imprisonment for life.
___________________________ _________________________
JURY FOREPERSON JUROR
___________________________ _________________________
JUROR JUROR
___________________________ _________________________
JUROR JUROR
___________________________ _________________________
JUROR JUROR
___________________________ _________________________
JUROR JUROR
___________________________ _________________________
JUROR JUROR
_________________________
DATE
We, the jury, unanimously find that the state has proven the following listed statutory aggravating circumstance or circumstances beyond a reasonable doubt:
(Here list the statutory aggravating circumstance or circumstances so found.)
We, the jury, unanimously find that such statutory aggravating circumstance or circumstances do not outweigh any mitigating circumstance or circumstances beyond a reasonable doubt, therefore:
[ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life without possibility of parole; or
[ ] We, the jury, unanimously agree that
the defendant shall be sentenced to imprisonment for life.
___________________________ _________________________
JURY FOREPERSON JUROR
___________________________ _________________________
JUROR JUROR
___________________________ _________________________
JUROR JUROR
___________________________ _________________________
JUROR JUROR
___________________________ _________________________
JUROR JUROR
___________________________ _________________________
JUROR JUROR
_________________________
DATE
(1) We, the jury, unanimously find the following listed statutory aggravating circumstance or circumstances:
(Here list the statutory aggravating circumstance or circumstances so found, which must be limited to those enumerated for your consideration by the court in these instructions.)
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
(2) We, the jury, unanimously find that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances so listed above outweigh any mitigating circumstances.
(3) Therefore, we, the jury, unanimously find
that the punishment for the defendant, ____________________________,
shall be death.
___________________________ _________________________
JURY FOREPERSON JUROR
___________________________ _________________________
JUROR JUROR
___________________________ _________________________
JUROR JUROR
___________________________ _________________________
JUROR JUROR
___________________________ _________________________
JUROR JUROR
___________________________ _________________________
JUROR JUROR
_________________________
DATE