Jury Instructions

The declarations provided on this page may be out of date, but are included as samples of what the Project can provide.

Declaration re Instructions Addressing Ind Decision-Making and Consequences of Non-Unanimity (Rubenstein 2024)

Provides statistics that since 2010, the majority of District Courts have instructed the capital sentencing jury of the consequences of a nonunanimous vote for life imprisonment without release or death, with excerpts from each case. (Note that in the seven (7) trials in which the Court did not instruct the jurors of the consequence of a non-unanimous vote on the ultimate issue of life or death, the jury sentenced every defendant except one to death (eight (8) of the nine (9) defendants; 89% of the sentences were for death).

Declaration, death is never required instruction (McNally 2023)

Provides a list of the cases in which the judge instructed the jury that death is never required.  The list separates the cases by the sentence that was received.

Authorized Federal Capital Defendants Who Received a Less than Death Penalty Sentence After a Penalty Trial (June 2022)

Declaration, LWOP as a Mitigating Circumstance (McNally 2013)

Provides information regarding cases in which the jurors have been instructed to consider and some or all of the jurors have found that a sentence of life without the possibility of parole as a mitigating circumstance.

Declaration, Application of Beyond a Reasonable Doubt Standard to Weighing Process (McNally 2012)

Provides information about the use of the "beyond a reasonable doubt" standard as applied to the weighing of aggravating and mitigating circumstances in federal capital trials.

Declaration re Residual Doubt (McNally 2014)

Declaration of Kevin McNally regarding federal juries which have considered or found the existence of lingering or residual doubt as a mitigating circumstance.