Model Utah Jury Instructions, Second Edition – Criminal
Homicide
CR1401 Practitioner’s Note: Explanation Concerning Homicide Elements Instructions.
Utah Code Ann. § 76-5-201 defining criminal homicide, does not now (although it once did) include the term “unlawfully,” nor do any of the specific homicide sections. Utah law does not require the prosecution to negate lawful justification or excuse, unless the defense is an issue as a result of evidence presented at trial by either side. Utah Code Ann. § 76-1-502. See also State v. Knoll, 712 P.2d 211 (Utah 1985).
Jury instructions in homicide cases have sometimes included the element of “unlawfully” causing the death of the victim. “Unlawfully” means without legal justification or excuse. In some cases, the “legal justification or excuse” may constitute a complete defense, such as, for example, self-defense or insanity. In other cases, it may only constitute a partial defense, such as where extreme emotional distress, imperfect self-defense, or special mitigation are at issue. (Note that there are separate elements instructions for cases involving partial defenses.)
Consequently, the phrase “the defendant caused the death without legal justification or excuse” is bracketed in the elements instructions, indicating that it is only to be used if legal justification or excuse is at issue. A note at the end of each homicide elements instruction also recommends that practitioners tailor this element to the specific issue in the case. For example, where self-defense is at issue, the bracketed element would read, “That the defendant did not act in self-defense.”
Finally, special verdicts should be used in aggravated murder cases when there are multiple aggravating circumstances alleged, in order to clearly indicate the basis for the jury’s verdict. Special verdicts are also required in murder cases in which special mitigation is at issue, pursuant to Utah Code Ann. § 76-5-205.5.
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