OUJI-CR 4-87C

LIFE WITHOUT PAROLE PROCEEDINGS -

JUVENILE OFFENDER - CLOSING CHARGE

All the previous instructions given to you in the first part of this trial apply where appropriate, except that in this part of the trial you may consider the defendant's youth and youth-related characteristics, the nature of the crime committed, as well as any other circumstances that would justify imposing a higher or lower punishment.

You must consider all the previous instructions that apply together with these additional instructions and not just part of them. Together they contain all the law and rules you must follow in deciding this case.

The sentencing option of life without the possibility of parole should be understood in its plain and literal sense and that the person sentenced will not be eligible for parole.

You have already elected a foreperson. Proper forms of verdict will be given to you which you shall use in expressing your decision. Any sentence you return must be unanimous. When you have decided on the proper punishment, you shall fill in the appropriate space on the verdict form and return it to the court.

The law provides that you shall now listen to and consider the further arguments of the attorneys.

Committee Comments

This instruction is a modified version of the closing charge for death penalty proceedings in OUJI-CR 4-82. It includes the explanation from Littlejohn v. State, 2004 OK CR 6, ¶ 11, 85 P.3d 287, 294, that the punishment option of life without the possibility of parole should be understood in its "plain and literal sense and that the defendant will not be eligible for parole if sentenced to life imprisonment without the possibility of parole." OUJI-CR 10-13B should also be given to explain the operation of the 85% rule for a sentence of life imprisonment with the possibility of parole.

(2024 Supp.)