Legal Topics

Criminal law — Sentencing — Death penalty — Jury instructions

Oct 21st, 2024 in by admin

Criminal law — Sentencing — Death penalty — Jury instructions — Motion to reconsider ruling agreeing to take judicial notice of order in State v. Rojas modifying standard jury instruction to omit advice to jurors in capital case that their penalty-phase verdict would only be a recommendation is denied — Advice is not required by statutory law, precedent, or rules of criminal procedure — While advice is not inaccurate, it is inadequate and may diminish jurors’ sense of responsibility for verdict