Juror Questionnaire For Criminal Cases Page 13
Download a blank fillable Juror Questionnaire For Criminal Cases in PDF format just by clicking the "DOWNLOAD PDF" button.
Open the file in any PDF-viewing software. Adobe Reader or any alternative for Windows or MacOS are required to access and complete fillable content.
Complete Juror Questionnaire For Criminal Cases with your personal data - all interactive fields are highlighted in places where you should type, access drop-down lists or select multiple-choice options.
Some fillable PDF-files have the option of saving the completed form that contains your own data for later use or sending it out straight away.
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18Juror ID number
Case number
JUROR QUESTIONNAIRE
FOR CRIMINAL CASES
Capital Case Supplement
By asking the following questions regarding your feelings or opinions about capital
punishment, the court is not suggesting in any way that you will ever need to decide this
question. The court does not know in advance what the evidence in this case will be or
whether you will find a defendant guilty or not guilty of any charge at all. The court is
asking the following questions because if a defendant is found guilty of murder in the
first degree as well as what we call "special circumstances" that have been charged, the
possible sentences to be decided in a separate penalty trial are the sentence of death or
the sentence of life imprisonment without the possibility of parole. A defendant may also
be acquitted or found guilty of lesser charges, which means there never will be a penalty
trial. Since we do not know in advance what your decisions may be, the court must know
whether you could be fair to all sides on the issue of punishment if and only if a penalty
trial is necessary.
To clarify, you will only make a sentence decision between life without the possibility of
parole and death in a separate penalty trial if you find a defendant guilty of murder in the
first degree beyond a reasonable doubt and you find a "special circumstance" (to be
defined for you later) true.
If the penalty trial is necessary you will first hear evidence and arguments from counsel.
The law also provides very specific guidelines as to what a jury can consider in deciding
the sentence in this separate penalty trial. These guidelines are called "aggravating
factors" and "mitigating factors" and are explained in Judicial Council of California
Criminal Jury Instructions number 763:*
In reaching your decision, you must consider and weigh the aggravating
and mitigating circumstances or factors shown by the evidence.
An aggravating circumstance or factor is any fact, condition, or event
relating to the commission of a crime, above and beyond the elements of
the crime itself, that increases the wrongfulness of the defendant's conduct,
the enormity of the offense, or the harmful impact of the crime. An
aggravating circumstance may support a decision to impose the death
penalty.
A mitigating circumstance or factor is any fact, condition, or event that
makes the death penalty less appropriate as a punishment, even though it
does not legally justify or excuse the crime. A mitigating circumstance is
something that reduces the defendant's blameworthiness or otherwise
supports a less severe punishment. A mitigating circumstance may support
a decision not to impose the death penalty.
JUROR QUESTIONNAIRE FOR CRIMINAL CASES/Capital Case Supplement
1
MC-002 [Rev. July 1, 2006]
D-1
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Legal