Rule 845. Form for Sentencing Verdict Slip in Cases in which the Defendant’s Mental Retardation is Asserted

INSTRUCTIONS:

Indicate whether you unanimously agree that the defendant has proven that he or she is mentally retarded.

Upon completion of deliberations on the question of the defendant’s mental retardation, return to the courtroom for further instructions from the judge.

FINDINGS:

We, the jury, unanimously find that the defendant has proven by a preponderance of the evidence that the defendant is mentally retarded.

We, the jury, unanimously find that the defendant has not proven by a preponderance of the evidence that the defendant is mentally retarded.

We, the jury, cannot agree unanimously that the defendant is mentally retarded.

DATE JURY FOREPERSON

Comment

The verdict slip form was created in 2013 to provide for those cases in which the question of a defendant’s mental retardation that would preclude imposition of the death penalty is determined by the jury. See Atkins v. Virginia , 536 U.S. 304 (2002) and Commonwealth v. Sanchez , 614 Pa. 1, 36 A.3d 24 (2011). See also Rule 844. For optional procedures for a pretrial determination of the defendant’s mental retardation, see Rule 843.

The judge should caution the jury that the verdict slip is to be used to record the findings as to mental retardation and that the slip should be completed only after their deliberations are concluded.

Official Note

New Rule 845 adopted July 31, 2013, effective October 1, 2013.

Committee Explanatory Reports :

Final Report explaining the July 31, 2013 adoption of the new rule providing the jury verdict slip form in cases involving a determination of mental retardation precluding imposition of the death penalty published with the Court’s Order at 43 Pa.B. 4722 (August 17, 2013).