†SEQ CHAPTER \h \r 1CR24-561 03/26/07

 

AGGRAVATED MURDER () HIRED OTHER TO COMMIT MURDER):

13 V.S.A. ß 2311(a)(6)

 

The State has charged (Def)_______________ with aggravated murder, based on murder for hire, as follows:

[Read the charge.]

Every crime is made up of essential elements.† Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt.† In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________ committed the crime charged;

(2) (Def)_______________ hired (third party)_______________ for the purpose of murdering (victim)_______________; and

(3) when (Def)_______________ hired (third party)_______________, [he] [she] did so with an intent to kill, or an intent to do great bodily harm, or a wanton disregard of the likelihood that death or great bodily harm would result; and

(4) (third party)_______________ caused the death of (victim)_______________; and

(5) the killing was unlawful; and

(6) (third party)_______________ acted with an intent to kill, or an intent to do great bodily harm, or a wanton disregard of the likelihood that death or great bodily harm would result.

The first essential element is that (Def)_______________ is the person who committed the crime charged.

The second essential element is that (Def)_______________ hired (third party)_______________ for the purpose of murdering (victim)_______________.† The evidence must have proven that (Def)_______________ paid or agreed to pay compensation to (third party)_______________ in return for murdering (victim)_______________.† The compensation may be anything of value.

The third essential element is that, when (Def)_______________ hired (third party)_______________, [he] [she] did so with (1) an intent to kill, or (2) an intent to do great bodily harm, or (3) a wanton disregard of the likelihood that death or great bodily harm would result.

As you consider (Def)_______________ís mental state at the time of the killing, you must decide whether the State has proven that [he] [she] acted with at least one of these three mental states.† The intent or mental state with which a person does an act may be shown by the way in which he or she expresses it to others, or by his or her conduct.† In determining (Def)_______________ís mental state or intent, you should consider all of the surrounding facts and circumstances established by the evidence.

A person acts intentionally if he or she acts purposely, and not inadvertently, because of mistake, or by accident.† You may find that (Def)_______________ acted intentionally if it was [his] [her] conscious objective to cause death or great bodily harm to (victim)_______________.

The term great bodily harm means bodily injury which involves a substantial risk of death, serious permanent disfigurement, or long-term loss or impairment of the function of any part of an organ of the body.

As used here, a wanton act is a reckless act done with extreme indifference to the probability that someone would die as a result.† It is more than extreme negligence.† The State must have proven that (Def)_______________ was actually aware of the risk of death or great bodily harm, and that [he] [she] ignored that risk.† In determining (Def)_______________ís state of mind, you should consider all of the facts and circumstances established by the evidence.

The fourth essential element is that (third party)_______________ caused the death of (victim)____________________.† The State must have proven that (third party)_______________ did the acts that caused the death of (victim)_______________, in a natural and continuous sequence, unbroken by any efficient intervening cause.† (Victim)_______________ís life must have ended by means other than natural causes, accident, or suicide.† Here the State alleges that (third party)_______________ caused (victim)_______________ís death by (specific acts)_______________.

The fifth essential element is that the killing was unlawful.† The term unlawful killing means that (victim)_______________ was killed without legal excuse or legal justification.† Legal excuse or justification ordinarily refers to such things as self-defense or legal necessity.† [A killing may be justified where a person acts in self-defense, or in defense of another, or in trying to stop another person attempting to commit certain violent felonies.† Here, the State must have proven that (third party)_______________ did not act in self-defense, or in defense of another, or in trying to stop another person attempting to commit (felony)_____________ with force or violence.]

The last essential element is that (third party)_______________ acted with (1) an intent to kill, or (2) an intent to do great bodily harm, or (3) a wanton disregard of the likelihood that death or great bodily harm would result.† As you consider (third party)_______________ís mental state at the time of the killing, you must decide whether the State has proven that [he] [she] acted with at least one of these three mental states.

As you consider (third party)_______________ís intent or mental state at the time of the killing, you should remember the instructions I gave you under the third essential element.† The terms used there have the same meaning here.† Again, the intent with which a person does an act may be shown by the way in which he or she expresses it to others, or by his or her conduct.† In determining (third party)_______________ís intent or mental state, you should consider all of the surrounding facts and circumstances established by the evidence.

If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty.† However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.