Rule 845 – Form for Sentencing Verdict Slip in Cases in which the Defendant’s Mental Retardation is Asserted

May 14, 2021 | Criminal Procedure, Pennsylvania

IN THE COURT OF COMMON PLEAS

OF

___

COUNTY, PENNSYLVANIA

CRIMINAL

COMMONWEALTH OF PENNSYLVANIA :
vs. : NO. ___
:

FIRST DEGREE MURDER

SENTENCING VERDICT SLIP

FINDINGS REGARDING MENTAL RETARDATION

INSTRUCTIONS:

Indicate whether you unanimously agree that the defendant has proven that he or she is mentally retarded.

Upon completion of deliberations on the question of the defendant’s mental retardation, return to the courtroom for further instructions from the judge.

FINDINGS:

___

We, the jury, unanimously find that the defendant has proven by a preponderance of the evidence that the defendant is mentally retarded.

___

We, the jury, unanimously find that the defendant has not proven by a preponderance of the evidence that the defendant is mentally retarded.

___

We, the jury, cannot agree unanimously that the defendant is mentally retarded.

____________

DATE

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JURY FOREPERSON

234 Pa. Code ยง 845

Committee Explanatory Reports:

Final Report explaining the July 31, 2013 adoption of the new rule providing the jury verdict slip form in cases involving a determination of mental retardation precluding imposition of the death penalty published with the Court’s Order at 43 Pa.B. 4722 (August 17, 2013) .