OUJI-CR 4-69

DEATH PENALTY PROCEEDINGS - BILL OF PARTICULARS

In the sentencing stage of this trial, the State has filed a document called a Bill of Particulars. In this Bill of Particulars, the State alleges the defendant should be punished by death, because of the following aggravating circumstances:

1. The defendant, prior to this sentencing proceeding, was convicted of a felony involving the use or threat of violence to the person;

2. During the commission of the murder, the defendant knowingly created a great risk of death to more than one person;

3. The person committed the murder for remuneration or the promise of remuneration or employed another to commit the murder for remuneration or the promise of remuneration;

4. The murder was especially heinous, atrocious, or cruel;

5. The murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution;

6. The murder was committed by a person while serving a sentence of imprisonment for conviction of a felony;

7. The victim of the murder was a peace officer or guard of an institution under the control of the department of corrections, and such person was killed in performance of official duty; or

8. At the present time there exists a probability that the defendant will commit criminal acts of violence that would constitute a continuing threat to society.

Notes on Use

The trial judge should list only the aggravating circumstance(s) that were pleaded and supported by evidence during the penalty stage of the trial.

(2000 Supp.)