HHJP: if the jury finds ICA guilty in the first degree. LWOP or Death. We have to ask you about your opinions regarding the death penalty. This is the cart before the horse. The law requires we ask these questions of you now. You understand and I read to you yesterday that ICA has entered a plea of not guilty. That means you must presume she is innocent? Any prob?
no
HHJP: does not have to prove or present any evidence? any prob?
no
HHJP: does not have to testify, if they chose you can not hold it against them? Prob?
no
HHJP: the dp, in evaluating whether it is approp or not approp under the law the state must prove those factors which would be outlined later on if we were to get to that stage. mit on the other hand are established by the greater weight. 51/49 percent. What you would do is weigh those factors. Do you have any opinions regarding the dp?
never thought about it.
HHJP: religious or philosophical?
no, no opinion.
HHJP: among the mit you may consider is the age of the defendant at the time of the crime? any prob considering that?
no
HHJP: these are standard, the existence of any other factors in the defendants life: character, etc. Any prob?
no
HHJP: What you recommend must be based on facts, evidence and law. If after that you find agg exist and mit does not outweigh the agg or in the absense of mit the agg alone are sufficent-you may recommend death rather than LWOP. Regarless, you are not required to recommend death. If on the other hand that no agg exist or that the mit outweigh the agg or in the absense of mit that the agg are not sufficient you must recommend LWOP rather than death. The process of weighing is not mechanical. The court contemplates that different factors may be given different weight by different jurors. You and you alone are to decide what weight is to be given to a particular factor. You will weigh those, you. You can give great weight some weight or no weight at all. That is entirely up to you. Bottom line will you use the instructions I give to you?
yes
HHJP: if the facts and circumstances would warent death would you have any problem that death be imposed?
no
HHJP: on the other hand it warented LWOP would you recommend?
yes
HHJP: consider each equally. The last thing, I put the cart before the horse, do not assume anything but this is the process.