77-16a-102 - Jury instructions.
77-16a-102. Jury instructions.
(1) If a defendant asserts a defense of not guilty by reason of insanity, the court shallinstruct the jury that it may find the defendant:
(a) guilty;
(b) guilty and mentally ill at the time of the offense;
(c) guilty of a lesser offense;
(d) guilty of a lesser offense and mentally ill at the time of the offense;
(e) not guilty by reason of insanity; or
(f) not guilty.
(2) (a) When a defendant asserts a mental defense pursuant to Section 76-2-305 or assertsspecial mitigation reducing the level of an offense pursuant to Subsection 76-5-205.5(1)(a), orwhen the evidence raises the issue and either party requests the instruction, the jury shall beinstructed that if it finds a defendant guilty by proof beyond a reasonable doubt of any chargedoffense or lesser included offense, it shall also return a special verdict indicating whether it findsthat the defendant was mentally ill at the time of the offense.
(b) If the jury finds the defendant guilty of the charged offense by proof beyond areasonable doubt, and by special verdict finds the defendant was mentally ill at the time of theoffense, it shall return the general verdict of "guilty and mentally ill at the time of the offense."
(c) If the jury finds the defendant guilty of a lesser offense by proof beyond a reasonabledoubt, and by special verdict finds the defendant was mentally ill at the time of the offense, itshall return the general verdict of "guilty of a lesser offense and mentally ill at the time of theoffense."
(d) If the jury finds the defendant guilty of the charged offense or a lesser includedoffense and does not find that the defendant was mentally ill at the time of the offense, the juryshall return a verdict of "guilty" of that offense, along with the special verdict form indicatingthat the jury did not find the defendant mentally ill at the time of the offense.
(e) The special verdict shall be returned by the jury at the same time as the generalverdict, to indicate the basis for its general verdict.
(3) In determining whether a defendant should be found guilty and mentally ill at thetime of the offense, the jury shall be instructed that the standard of proof applicable to a findingof mental illness is by a preponderance of the evidence. The jury shall also be instructed that thestandard of preponderance of the evidence does not apply to the elements establishing adefendant's guilt, and that the proof of the elements establishing a defendant's guilt of any offensemust be proven beyond a reasonable doubt.
(4) (a) When special mitigation based on extreme emotional distress is at issue pursuantto Subsection 76-5-205.5(1)(b), the jury shall, in addition to its general verdict, return a specialverdict.
(b) The special verdict shall be returned by the jury at the same time as the generalverdict, to indicate the basis for its general verdict.
Amended by Chapter 206, 2009 General Session