Shawn Grate Penalty Phase Jury Instructions | Summary and Q&A

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May 18, 2018
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Law&Crime Network
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Shawn Grate Penalty Phase Jury Instructions

TL;DR

Jurors receive instructions on how to deliberate and reach a verdict for the sentencing phase of the trial.

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Key Insights

  • 🧑‍🏭 The jury is instructed that their duty is to decide the disputed facts and determine the appropriate sentence for the defendant.
  • 👮 They are reminded not to change the law or apply their own ideas during deliberations.
  • 👍 The instructions emphasize that the state must prove beyond a reasonable doubt that the aggravating circumstances outweigh the mitigating factors to impose the death penalty.

Transcript

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Questions & Answers

Q: What is the role of the jury during the sentencing phase of the trial?

The jury's role is to decide on the appropriate sentence for the defendant based on the evidence and instructions provided by the judge. They must consider aggravating circumstances and mitigating factors before reaching a verdict.

Q: What are the different sentencing options available to the jury?

The jury can choose between life imprisonment without parole for 25 or 30 years, life imprisonment without the possibility of parole, or the death penalty.

Q: What does the state need to prove in order to impose the death penalty?

The state must prove beyond a reasonable doubt that the aggravating circumstances of the crime, for which the defendant was found guilty, outweigh the mitigating factors presented.

Q: Can the jury consider the nature and circumstances of the crime as an aggravating circumstance?

No, the nature and circumstances of the crime cannot be considered as an aggravating circumstance. They can only be considered if they have any mitigating value.

Summary & Key Takeaways

  • Jurors are given copies of the jury charge and pens to write their juror numbers on the charge.

  • The judge instructs the jurors on their roles and responsibilities during deliberations, emphasizing the importance of following the law and not applying personal opinions or changing the law.

  • The judge explains the different sentencing options and what the state needs to prove in order to impose the death penalty.

  • The judge also discusses the mitigating factors that the jury should consider and clarifies that the nature and circumstances of the crime cannot be considered as an aggravating circumstance.

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