OUJI-CR 4-79



Evidence has been introduced as to the following mitigating circumstances:

[the defendant did not have any significant history of prior criminal activity]

[the defendant acted under duress or under the domination of another person]

[the defendant's capacity to appreciate the criminality of his/her conduct or to conform his/her conduct to the requirements of law was impaired]

[the defendant was under the influence of mental/emotional disturbance]

[the victim was a willing participant in the defendant's conduct]

[the defendant acted under circumstances which tended to justify, excuse or reduce the crime]

[the defendant is likely to be rehabilitated]

[cooperation by the defendant with authorities]

[the defendant's age]

[the defendant's character]

[the defendant's emotional/family history]

[evidence of mental retardation]

In addition, you may decide that other mitigating circumstances exist, and if so, you should consider those circumstances as well.

Notes on Use

The trial court should select the mitigating circumstances listed above that are supported by some evidence. The list of possible mitigating circumstances that the jury may consider is taken from N.M. Stat. Ann. § 31-20A-6. This list is intended to be illustrative, rather than exclusive, and the trial court should instruct the jury on any other mitigating circumstances for which evidence has been introduced.

(1/2007 Supp.)