3.08 STATUTORY AGGRAVATING FACTORS

• Jurisdiction: United States
• Currency: Updated July 14, 2023
• Record Number: 3.08
• Notes: Instructions defining and explaining many of the sixteen statutory aggravating factors appear following this instruction, and are numbered 3.8.1 et seq. (Subsidiary instructions are designated, for example, as 3.08.1.1 et seq.).
• Section: Chapter 3. Death Penalty Instructions

3.08

DEATHPENALTYINSTRUCTIONS

359

3.08

STATUTORYAGGRAVATINGFACTORS

Before you may consider whether the death penalty is an

appropriate sentence for the defendant, you must

unanimously find beyond a reasonable doubt that the

government has proved at least one of the following ag-

gravating factors prescribed by Congress andalleged by the

government in this case:

[Inserttheappropriatestatutoryaggravatingfactors]

There are specific factual circumstances that must be

established by proof beyond a reasonable doubt for each of

these statutory aggravating factors. These will be explained

in individual instructions to follow.

The statutory aggravating factors are set out in the

Special Findings Form and you must consider and resolve

them separately. You must decide for each one whether you

unanimously agree that it has been proved beyond a rea-

sonable doubt, indicate your answer on the Form, and

continue until you have finished with them all. If you answer

“no” to all of the statutory aggravating factors, sign Verdict

III-B (Life Imprisonment) and certify your decision as

described in section IV of the Form, which will conclude your

deliberations. If you answer “yes” to one or more of the

statutory factors, proceed to the next step in your delibera-

tions, which involves consideration of any non-statutory ag-

gravating factors.

Comment

The statutory aggravating factors are listed in 18 U.S.C. section

3592(c)(1) to (16). “The burden of establishing the existence of any ag-

gravating factor is on the government, and is not satisfied unless the

existenceofsuch a factorisestablishedbeyond a reasonabledoubt.”18

U.S.C. §3593(c). And “[a] finding with respect to any aggravating factor

must be unanimous.” Id. § 3593(d).

UseNote

Instructionsdefiningandexplainingmanyofthesixteenstatutory