Rule 808 Form for Jury Sentencing Verdict Slip
Chapter 8: Special Rules for Cases in Which Death Sentence Is Authorized
Rule Text
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
Amendment history: The provisions of this Rule 808 amended June 4, 2004, effective November 1, 2004, 34 Pa.B. 3105; amended July 31, 2013, effective October 1, 2013, 43 Pa.B. 4715. Immediately preceeding text appears at serial pages (304133) to (304136).