DP IV
SELECTED PROPOSED INSTRUCTIONS [§DP-45]
The following instructions appear in FORECITE. Search for the FORECITE instruction number below:
F 8.84a
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¶ 2 Instruction As To Meaning Of LWOP
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F 8.84b
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Juries Should Assume That Death Sentence Will Be Carried Out
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F 8.84.1 (Inst 1)
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Cautionary & Limiting Penalty Instructions: When Expert’s Opinion Of Death Penalty Is Elicited
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F 8.84.1 (Inst 2)
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Jury May Not Consider Deterrence Or Monetary Cost
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F 8.85 (Inst 1)
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Scope And Proof Of Mitigation: General
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F 8.85 (Inst 2)
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Scope And Proof Of Mitigation: Sympathy Alone Is Sufficient To Reject Death
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F 8.85 (Inst 3)
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Scope Of Mitigation: No Mitigation Necessary To Reject Death
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F 8.85 (Inst 4)
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Individual Juror Determination Of Aggravation And Mitigation
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F 8.85 (Inst 5)
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Disregard Inapplicable Factors: Absence Of Mitigation Is Not Aggravation
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F 8.85 (Inst 6)
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Aggravation Limited To Enumerated Factors
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F 8.85 (Inst 7)
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No Double Counting Of Aggravating Factors Which Are Specials
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F 8.85 (Inst 8)
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Cautionary & Limiting: Victim Impact
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F 8.85 (Inst 9)
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Lingering Doubt As To Guilt
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F 8.85 (Inst 10)
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Lingering Doubt As To Extent Of Defendant’s Guilt
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F 8.85 (Inst 11)
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Consideration Of Limited-Purpose Evidence For Mitigation At Penalty Trial
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F 8.85 (Inst 12)
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Jury To Disregard Specified Evidence From The Guilt Trial
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F 8.85 (Inst 13)
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Cautionary Instruction Regarding Charts, Graphs, Summaries, Etc.
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F 8.85 (Inst 14)
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Individualized Consideration For Accomplice
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F 8.85 (Inst 15)
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Defendant’s Role As Accomplice Rather Than Perpetrator As Mitigation
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F 8.85(b) (Inst 1)
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Absence Of Violent Criminal Activity As Mitigation
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F 8.85(c) (Inst 1)
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Absence Of Prior Felony Conviction As Mitigation
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F 8.85(c) (Inst 2)
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Prior Felony Conviction: Clarification Of The Term “Prior”
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F 8.85(h) (Inst 1)
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Mental Impairment Not Limited To Excuse Or Negation Of An Element
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F 8.85(i) (Inst 1)
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Age: Death Eligibility Begins At 18
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F 8.85(i) (Inst 2)
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Age Includes Psychological Immaturity
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F 8.85(j) (Inst 1)
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Consideration Of Leniency Received By Accomplice
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F 8.85(k) (Inst 1)
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Defendant’s Background Is Mitigating Only
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F 8.87 (Inst 1)
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Clarification Of Statutory Scheme In Light Of Victim Impact Evidence
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F 8.87 (Inst 2)
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No Prosecution Right To Non-Unanimity Instruction
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F 8.87 (Inst 3)
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Jury Must Determine Whether Unadjudicated Acts Were “Violent” And “Criminal”
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F 8.87 (Inst 4)
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Unanimity Not A Requisite To Consideration Of Mitigating Evidence
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