77-16a-102. Jury instructions.
(1) |
If a defendant asserts a defense of not guilty by reason of insanity, the court shall instruct the jury that the jury may find the defendant:
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Terms Used In Utah Code 77-16a-102- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Mental condition: means the same as that term is defined in Section 76-2-305. See Utah Code 77-16a-101
- Verdict: The decision of a petit jury or a judge.
(a) |
guilty; |
(b) |
guilty with a mental condition at the time of the offense; |
(c) |
guilty of a lesser offense; |
(d) |
guilty of a lesser offense with a mental condition at the time of the offense; |
(e) |
not guilty by reason of insanity; or |
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(2) |
(a) |
When a defendant asserts a mental defense pursuant to Section 76-2-305 or asserts special mitigation reducing the level of an offense pursuant to Subsection 76-5-205.5(2)(a), or when the evidence raises the issue and either party requests the instruction, the court shall instruct the jury that if the jury finds a defendant guilty by proof beyond a reasonable doubt of a charged offense or lesser included offense, the jury shall also return a special verdict indicating whether the jury finds that the defendant had a mental condition at the time of the offense. |
(b) |
If the jury finds the defendant guilty of the charged offense by proof beyond a reasonable doubt, and by special verdict finds the defendant had a mental condition at the time of the offense, the jury shall return the general verdict of “guilty with a mental condition at the time of the offense.” |
(c) |
If the jury finds the defendant guilty of a lesser offense by proof beyond a reasonable doubt, and by special verdict finds the defendant had a mental condition at the time of the offense, the jury shall return the general verdict of “guilty of a lesser offense with a mental condition at the time of the offense.” |
(d) |
If the jury finds the defendant guilty of the charged offense or a lesser included offense and does not find that the defendant had a mental condition at the time of the offense, the jury shall return a verdict of “guilty” of the offense, along with the special verdict form indicating that the jury did not find that the defendant had a mental condition at the time of the offense. |
(e) |
The special verdict shall be returned by the jury at the same time as the general verdict, to indicate the basis for the jury’s general verdict. |
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(3) |
(a) |
In determining whether a defendant should be found guilty with a mental condition at the time of the offense, the court shall instruct the jury that the standard of proof applicable to a finding of mental condition is by a preponderance of the evidence. |
(b) |
The court shall also instruct the jury that the standard of preponderance of the evidence does not apply to the elements establishing a defendant’s guilt, and that the proof of the elements establishing a defendant’s guilt of an offense must be proven beyond a reasonable doubt. |
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(4) |
(a) |
When special mitigation based on extreme emotional distress is at issue pursuant to Subsection 76-5-205.5(2)(b), the jury shall, in addition to the jury’s general verdict, return a special verdict. |
(b) |
The special verdict shall be returned by the jury at the same time as the general verdict, to indicate the basis for the jury’s general verdict. |
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Amended by Chapter 184, 2023 General Session