Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 8 - SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED
Part A - Guilt and Penalty Determination Procedures
Rule 807 - Sentencing Verdict Slip
Universal Citation: 234 PA Code ยง 807
Current through Register Vol. 54, No. 12, March 23, 2024
(A) JURY
(1) Except as provided in paragraph (2),
in all cases in which the sentencing proceeding is conducted before a jury, the
judge shall furnish the jury with a jury sentencing verdict slip in the form
provided by Rule 808.
(2) In cases
in which the jury is to determine if imposition of a sentence of death is
precluded due to the defendant's mental retardation, the judge shall furnish
the jury with the sentencing verdict slip in the form required by Rule 845. If
the jury subsequently does not find unanimously that the defendant is mentally
retarded, the judge then shall furnish the jury with a jury sentencing verdict
slip in the form provided by Rule 808.
(3) Before the jury retires to deliberate,
the judge shall meet with counsel and determine those aggravating and
mitigating circumstances of which there is some evidence. The judge shall then
set forth those circumstances on the sentencing verdict slip using the language
provided by law.
(4) The trial
judge shall make the completed sentencing verdict slip part of the
record.
(B) TRIAL JUDGE
(1) In all cases in which the defendant has
waived a sentencing proceeding before a jury and the trial judge determines the
penalty, including those in which the defendant seeks to have the imposition of
a sentence of death precluded by reason of mental retardation, the trial judge
shall complete a sentencing verdict slip in the form provided by Rule
809.
(2) The trial judge shall make
the completed sentencing verdict slip part of the record.
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