DEATH PENALTY PROCEEDINGS -
PRESUMPTION OF INNOCENCE
The defendant has entered a plea of not guilty to the allegations of this Bill of Particulars, which casts on the State the burden of proving beyond a reasonable doubt the existence of one or more aggravating circumstances alleged in this Bill of Particulars.
This Bill of Particulars simply states the grounds upon which the State seeks imposition of the death penalty. It sets forth in a formal way the aggravating circumstance(s) of which the defendant is accused. The Bill of Particulars is not evidence that any aggravating circumstance(s) exist(s). You must not be influenced against the defendant by reason of the filing of this Bill of Particulars.
The defendant is presumed to be innocent of the allegations made against him/her in the Bill of Particulars. This presumption of innocence continues unless one or more of the aggravating circumstances is proven beyond a reasonable doubt. If, upon consideration of all the evidence, facts, and circumstances in the case, you have a reasonable doubt of the existence of each and every aggravating circumstance alleged in the Bill of Particulars, you must give him/her the benefit of that doubt and return a sentence of life imprisonment with the possibility of parole or life imprisonment without the possibility of parole.