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The declarations provided on this page may be out of date, but are included as samples of what the Project can provide.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, death is never required instruction (McNally 2016)

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.

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.