OCCA
OnlineOUJI-CR 4-72
DEATH PENALTY PROCEEDINGS -
AGGRAVATING CIRCUMSTANCES
You are instructed that, in arriving at your determination of punishment, you must first determine whether any one or more of the following aggravating circumstances exists beyond a reasonable doubt:
1. The defendant, prior to this sentencing proceeding, was convicted of a felony involving the use or threat of violence to the person;
2. During the commission of the murder, the defendant knowingly created a great risk of death to more than one person;
3. The person committed the murder for remuneration or the promise of remuneration or employed another to commit the murder for remuneration or the promise of remuneration;
4. The murder was especially heinous, atrocious, or cruel;
5. The murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution;
6. The murder was committed by a person while serving a sentence of imprisonment on conviction of a felony;
7. The victim of the murder was a peace officer or guard of an institution under the control of the department of corrections, and such person was killed in performance of official duty; or
8. At the present time there exists a probability that the defendant will commit criminal acts of violence that would constitute a continuing threat to society.
Notes on Use
The trial judge should list only the aggravating circumstance(s) upon which proof has been offered by the State during the second-stage proceeding and of which the defendant was notified prior to trial.
Committee Comments
The Court of Criminal Appeals modified Paragraph 1 of this instruction in McCarty v. State, 1999 OK CR 18, ¶ 6, 977 P.2d 1116, 1141 .
(2000 Supp.)
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