CAUSE No. 99-6378
THE STATE OF TEXAS V. MICHAEL SCOTT
IN THE 167TH DISTRICT COURT OF TRAVIS COUNTY, TEXAS
CHARGE ON PUNISHMENT
Ladies and Gentlemen of the Jury:
You have found the defendant guilty of the offense of capital murder. You are instructed that a sentence of life or death is mandatory on conviction for capital murder. In order for the court to assess the proper punishment, certain questions or issues are submitted to you. Before answering these issues you will consider the following instructions:
1. In arriving at the answers to the issues submitted, it will not be proper for you to fix the same by lot, chance or any other method than by a full, fair and free exchange of the opinion of each individual juror.
2. During your deliberations you will not consider or discuss any possible action of the Board of Pardon and Paroles or the Governor.
3. Under the law applicable in this case, if the defendant is sentenced to imprisonment in the institutional division of the Texas Department of Criminal Justice for life, the defendant will become eligible for release on parole, but not until the actual time served by the defendant equals 35 years, without consideration of any good conduct time. It cannot accurately be predicted how the parole laws might be applied to this defendant if the defendant is sentenced to a term of imprisonment for life because the application of those laws will depend on decisions made by prison and parole authorities, but eligibility for parole does not guarantee that parole will be granted.
4. You are instructed that if there is testimony before you in this case regarding the defendant, or any accomplices, having committed other acts or participated in other transactions other than the offense alleged against the defendant in the indictment in this case, that you cannot consider such other acts or transactions, in any, unless you first find and believe beyond a reasonable doubt that the defendant, or any accomplices, committed such acts or participated in such transactions, if any, but if you do not so believe, or if you have a reasonable doubt thereof, you will not consider such testimony for any purpose.
5. In a criminal case the law permits a defendant to testify in his own behalf but he is not compelled to do so, and the same law provides that the fact a defendant does not testify shall not be considered as a circumstance against him. You will, therefore, not consider the fact that the defendant did not testify as a circumstance against him; and you will not in your retirement to consider your verdict allude to, comment on, or in any manner refer to the fact that the defendant has not testified.
6. In deliberating on Issue No. 1 and Issue No. 2, the jury shall consider all evidence admitted at the guilt or innocence stage and the punishment stage, including evidence of the defendant’s background or character or circumstances of the offense that militates or mitigates against the imposition of the death penalty.
7. You are instructed that in answering Issue No. 1 and Issue No. 2 the State has the burden to prove beyond a reasonable doubt that the answer should be “Yes.” The jury many not answer Issue No. 1 and Issue No. 2 “Yes” unless the jury aggress unanimously on the answers.
8. You are instructed that in answering Issue No. 1 and Issue No. 2 that the jury may not answer “No” unless ten or more jurors agree. The jurors need not agree on what particular evidence supports a negative answer. If any juror has a reasonable doubt as to his answer to this issue, the juror shall vote “No.”
9. ISSUE No. 1.
Do you find from the evidence beyond a reasonable doubt that there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society?
Answer _____.
10. ISSUE No. 2.
Do you find from the evidence beyond a reasonable doubt that the defendant actually caused the death of the deceased or did not actually cause the death of the deceased but intended to kill the deceased or another or anticipated that a human life would be taken?
You are instructed that in answering this issue only the conduct of the defendant can be considered, and that the instructions pertaining to the law of parties heretofore give you cannot now be considered in answering this issue. If any juror has a reasonable doubt as to his answer to this issue, the juror shall vote “No.”
Answer _____.
11. If the jury has answered Issue No. 1 and Issue No. 2 in the affirmative, the jury will answer the following issue:
ISSUE No. 3.
Do you find from the evidence, taking into consideration all of the evidence, including the circumstances of the offense, the defendant’s character and background, and the personal moral culpability of the defendant, that there is a sufficient mitigating circumstance or circumstances that a sentence of life imprisonment rather than a death sentence be imposed?
You are instructed that in answering this issue, you shall answer the issue “Yes” or “No.” You many not answer “No” unless the jury unanimously agree, and you may not answer the issue “Yes” unless ten or more jurors agree. The jury need not agree on what particular evidence supports an affirmative finding on this issue. The jury shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant’s moral blameworthiness.
Answer _____.
12. After the reading of this charge, you shall not be permitted to separate from each other, nor shall you talk with anyone not of your jury. After argument of counsel, you will retire and consider your answers to the issues submitted to you. It is the duty of your foreperson to preside in the jury room and vote with you on the answers to the issues submitted.
Respectfully submitted,
/s/Mike Lynch
Presiding Judge
CAUSE No. 99-6378
THE STATE OF TEXAS V. MICHAEL SCOTT
IN THE 167TH DISTRICT COURT OF TRAVIS COUNTY, TEXAS
VERDICT OF THE JURY
We, the jury, having answered the foregoing issues, return the same into Court as our verdict.
/s/Foreperson of the Jury
