234 Pa. Code § 808

Current through Register Vol. 54, No. 16, April 20, 2024

Rule 808 - Form for Jury Sentencing Verdict Slip

IN THE COURT OF COMMON PLEAS

OF _______ COUNTY, PENNSYLVANIA

CRIMINAL

COMMONWEALTH OF PENNSYLVANIA	:
vs.	:	NO. _____
:

FIRST DEGREE MURDER

SENTENCING VERDICT SLIP

I. GENERAL INSTRUCTIONS

A. READ THROUGH THE ENTIRE VERDICT SLIP BEFORE BEGINNING DELIBERATIONS.

B. AGGRAVATING AND MITIGATING CIRCUMSTANCES PRESENTED TO THE JURY.

1. The following aggravating circumstance(s) (is) (are) submitted to the jury and must be proved by the Commonwealth beyond a reasonable doubt:

(1)

____________________________________________

(2)

____________________________________________

(3)

____________________________________________

(4)

____________________________________________

2. The following mitigating circumstance(s) (is) (are) submitted to the jury and must be proved by the defendant by a preponderance of the evidence:

(1)

____________________________________________

(2)

____________________________________________

(3)

____________________________________________

(4) Any other evidence of mitigation concerning the character and record of the defendant and the circumstances of the defendant's offense.

C. DO NOT COMPLETE THIS SENTENCING VERDICT SLIP UNTIL YOUR DELIBERATIONS ARE CONCLUDED. THIS SENTENCING VERDICT SLIP IS ONLY TO BE USED TO RECORD YOUR SENTENCING VERDICT AND THE FINDINGS UPON WHICH IT IS BASED.

D. IF, AFTER SUFFICIENT DELIBERATION, YOU CANNOT UNANIMOUSLY REACH A SENTENCING VERDICT, DO NOT COMPLETE OR SIGN THIS SLIP, BUT RETURN IT TO THE JUDGE. THE JUDGE WILL DETERMINE IF FURTHER DELIBERATIONS ARE REQUIRED; IF THEY ARE NOT, THE JUDGE WILL SENTENCE THE DEFENDANT TO LIFE IMPRISONMENT.

II. SENTENCING VERDICT AND FINDINGS

If you have reached a unanimous verdict, complete this part of the form.

In Section A, indicate whether the sentencing verdict is death or life imprisonment. If the sentence is death, indicate the basis for that verdict by completing Section B. If the sentence is life imprisonment, indicate the basis for that verdict by completing Section C.

A. We, the jury, unanimously sentence the defendant to (check one):

__________Death

__________Life Imprisonment

B. The findings on which the sentence of death is based are (check one):

____________

1. At least one aggravating circumstance and no mitigating circumstance.

The aggravating circumstance(s) unanimously found (is) (are):

____________________________________________

__________

2. One or more aggravating circumstances which outweigh(s) any mitigating circumstance(s).

The aggravating circumstance(s) unanimously found (is) (are):

____________________________________________

The mitigating circumstance(s) found by one or more of us (is) (are):

____________________________________________

C. The findings on which the sentence of life imprisonment is based are (check one):

__________

1. No aggravating circumstance exists.

__________

2. The mitigating circumstance(s) (is) (are) not outweighed by the aggravating circumstance(s).

The mitigating circumstance(s) found by one or more of us (is) (are):

____________________________________________

The aggravating circumstance(s) unanimously found (is) (are):

____________________________________________

______________ DATE

____________________JURY FOREPERSON

234 Pa. Code § 808

The provisions of this Rule 808 amended June 4, 2004, effective 11/1/2004, 34 Pa.B. 3105; amended July 31, 2013, effective 10/1/2013, 43 Pa.B. 4715.