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State v. Biegenwald3/5/1987
preciate the
wrongfulness of his conduct or to conform his
conduct to the requirements of the law was
significantly impaired as the result of mental
disease or defect but not to a degree suffi-
cient to constitute a defense to prosecution. Yes No
3. Any other factor which is relevant to the
defendant's character or record or to the cir-
cumstances of the offense. Yes No
IF YOU HAVE CHECKED AT LEAST ONE AGGRAVATING FACTOR 'YES' AND HAVE CHECKED ALL OF THE ABOVE MITIGATING FACTORS 'NO' PROCEED NO FURTHER BUT RETURN THIS VERDICT SHEET TO THE COURT AS YOUR VERDICT IN THE CASE, SIGNED BY THE FORELADY. THE PENALTY WILL THEN BE DEATH.
Forelady
IF YOU HAVE CHECKED ONE OR MORE AGGRAVATING FACTORS 'YES' AND ONE OR MORE MITIGATING FACTORS 'YES', THEN STATE AS TO EACH AGGRAVATING FACTOR CHECKED 'YES' WHETHER IT IS OR IS NOT OUTWEIGHED BY ANY ONE OR COMBINATION OF ANY OF THE MITIGATING FACTORS CHECKED 'YES'. THIS DECISION ALSO MUST BE UNANIMOUS. IF AN AGGRAVATING FACTOR IS FOUND AND NOT OUTWEIGHED BY MITIGATING FACTORS, THE PENALTY WILL BE DEATH.
AGGRAVATING FACTOR #1, IS, IS NOT (SELECT ONE AND CIRCLE IT) OUTWEIGHED BY THE MITIGATING FACTOR(S).
AGGRAVATING FACTOR #2, IS, IS NOT (SELECT ONE AND CIRCLE IT) OUTWEIGHED BY THE MITIGATING FACTOR(S).
Forelady
Although the court did not mention the possibility of the mitigating and aggravating factors being in equipoise, the clear conclusion from its statement that aggravating factors must be outweighed in order for a sentence of life imprisonment to be imposed was that if aggravating and mitigating factors were of equal weight, the penalty would be death. In addition, neither the court nor the verdict form instructed the jury that for the death penalty to be imposed, the State must prove the requisite balance beyond a reasonable doubt.
After returning twice to seek further guidance from the court, the jury found beyond a reasonable doubt that both aggravating factors existed. With respect to the mitigating factors, the jury did not find that the defendant was under the influence of extreme mental or emotional disturbance, Sec. c(5)(a), but did find that his capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law was significantly impaired as a result of mental disease or defect, Sec. c(5)(d). The jury also found as a mitigating factor that another unspecified factor existed relevant to the defendant's character or record or to the circumstances of the offense. Sec. c(5)(h). The jury concluded that neither aggravating factor was outweighed by the combined mitigating factors.
The relevant language, as it existed at the time of the trial, is found in Section c(3):
The jury, or if there is no jury, the court shall return a special verdict setting forth in writing the existence or nonexistence of each of the aggravating and mitigating factors set forth in paragraphs (4) and (5) of this subsection. If any aggravating factor is found to exist, the verdict shall also state whether it is or is not outweighed by any one or more mitigating factors.
(a) If the jury or the court finds that any aggravating factor exists and is not outweighed by one or more mitigating factors, the court shall sentence the defendant to death.
(b) If the jury or the court finds that no aggravating factors exist, or that any aggravating factors which exist are outweighed by one or more mitiga
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