Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2150-2

Filed 01/16/2007

Page 1 of 2

INTRODUCTORY COMMENTS BEFORE QUESTIONING OF JURY PANELS At this time the Court and counsel will be asking questions about a number of topics including your feelings, attitudes, opinions, and beliefs about the death penalty. The court will be asking you questions regarding your feelings about the death penalty because persons convicted of the charge of first degree murder are punished in one of two ways: by a sentence of life in prison with no possibility of release or by the death penalty. Therefore, the court must know whether you could be fair to both the United States and to Mr. Sablan in a case in which the death penalty is a possible punishment. By asking these questions the court is not suggesting that the jury will return any particular verdict, because the court does not know whether you will find Mr. Sablan guilty or not guilty of first degree murder. There could be two phases in the trial of this case. In the first part of the trial, the jury will hear evidence and then decide whether or not Mr. Sablan is guilty of the crime charged. If the jury finds that he is guilty of a crime for which the death penalty is a possible punishment, then there will be a sentencing hearing in which the same jury will hear additional evidence and decide whether or not he should be sentenced to death or to life imprisonment without the possibility of release. During a sentencing hearing, the United States has the opportunity to present information as to certain things referred to in the law as aggravating factors, or the circumstances that arguably support the imposition of the death penalty. During a

sentencing hearing, Mr. Sablan will have the opportunity to present information of what are referred to as mitigating factors, or the circumstances about the crime or about the individual that arguably suggest that the death penalty is not appropriate in this case.

Case 1:00-cr-00531-WYD

Document 2150-2

Filed 01/16/2007

Page 2 of 2

No juror is ever required to return a sentence of death, even after a determination that aggravating factors may outweigh mitigating factor(s). Each juror must come to his or her own individual decision as to whether to impose the death penalty. To impose the death penalty, all jurors individually must agree to impose the death penalty. If all the jurors do not unanimously agree on a sentence, the court must impose a sentence of life imprisonment