Death Penalty Instructions of the INTENT REQUIREMENT
Jurisdiction | United States |
Section | Death Penalty Instructions |
3.06
DEATH PENALTY INSTRUCTIONS
355
3.06
INTENT REQUIREMENT
Before you may consider whether the death penalty is an
appropriate sentence in this case, you must unanimously find
beyond a reasonable doubt that the government proved that,
in committing the offense charged in count [—], the
defendant committed one of the following acts:
1.
intentionally killed the victim;
2.
intentionally inflicted serious bodily injury that
resulted in the death of the victim;
3.
intentionally participated in an act, contemplating
that the life of a person would be taken or intend- ing
that lethal force would be used in connection with a
person, other than one of the participants in the
offense, and the victim died as a result of the act; or
4.
intentionally and specifically engaged in an act of
violence, knowing that the act created a grave risk of
death to a person, other than one of the partici- pants
in the offense, such that participation in the act
constituted a reckless disregard for human life and
the victim died as a direct result of the act. (Please
refer to paragraph (1) of the Comment and modify
this instruction as appropriate.)
These alternatives are set out in the Special Findings
Form, and you must consider and resolve them separately.
For each one, you must decide whether you unanimously
agree that it has been proved beyond a reasonable doubt,
(Please refer to paragraph (2) of the Comment and modify this
instruction as appropriate), and indicate your answer on the
Form, and then continue with the next until you have
finished. If you answer “no” to all four alternatives, your
deliberations are over. Sign Verdict III-B (Life
Imprisonment), and certify your decision as described in
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