ALABAMA STATE
LEGISLATIVE BRANCH
SENATE
HOUSE OF REPRESENTATIVES
ALISON

Criminal Pattern Jury Instructions

 

Instructions Regarding Aggravating Factors

Capital Proceedings - Guilt Phase (7/30/2010)

Capital Proceedings - Penalty Phase (11/9/2007)


General Jury Instructions

Principles of Criminal Liability
Intentionally (Non-Capital Offense) [13A-2-2(1)]

Knowingly [13A-2-2(2)]
Recklessly [13A-2-2(3)]
Criminal Negligence [13A-2-2(4)]
Minimum Requirement for Criminal Liability (Strict Liability) [13A-2-3]
Causation (Concurrent Causes)/Causation (In Fact) [13A-2-5(a)]
Causation (Unintended Result) [13A-2-5(b)]
Causation (Strict Liability Only for Probably Consequences) [13A-2-5(c)]
Mistake [13A-2-6]
Consent Not a Defense/Consent to Conduct [13A-2-7]
Consent to Bodily Harm [13A-2-7(b)]

Insanity [13A-3-1]
Liability [13A-2-20]
Accountability for Behavior of Another [13A-2-21]
Accountability of Behavior for Another - Innocent Person's Behavior [13A-2-22]
Accountability of Behavior of Another - Accessory [13A-2-23]
Accountability of Behavior of Another - No Accountability [13A-2-24]
Accountability of Behavior of Another - Defenses [13A-2-25]
Corporate Conduct [13A-2-26]

Presumptive Sentencing Charges
Aggravating Factors [12-25-34.2]

Defenses
Insanity [13A-3-1]
Intoxication [13A-3-2]
Immaturity [13A-3-3]
Execution of Public Duty [13A-3-22]
Self-Defense (Deadly Physical Force) [13A-3-23]
Use of Force by Persons with Parental, Custodial, or Special Responsibilities [13A-3-24]
Use of Force in Defense of Premises [13A-3-25]
Use of Force in Defense of Property Other Than Premises [13A-3-26]
Use of Force in Making an Arrest or Preventing an Escape [13A-3-27]
Duress [13A-3-30]
Entrapment [13A-3-31]

Inchoate Crimes
Criminal Solicitation [13A-4-1]
Attempt [13A-4-2]
Criminal Conspiracy [13A-4-3]

Capital Murder
Guilt Phase
Murder During Robbery in the First Degree (or Attempt Thereof)
(Serious Physical Injury) [13A-5-40(a)(2)]

Murder of Two or More Persons (Single Act) [13A-5-40(a)(10)]
Murder of Two or More Persons (Pursuant to One Scheme or Course of Conduct) [13A-5-40(a)(10)]

Murder of a Public Official [13A-5-40(a)(11)]
Murder Within 20 Years of a Previous Murder Conviction [13A-5-40(a)(13)]
Murder of a Witness [13A-5-40(a)(14)]
Murder of a Victim Less than 14 Years of Age [13A-5-40(a)(15)]
Murder By or Through Deadly Weapon Used from Outside Dwelling Upon a Victim Inside Dwelling [13A-5-40(a)(16)]
Murder By or Through Deadly Weapon Used Upon a Victim Inside a Vehicle [13A-5-40(a)(17)]

Murder By or Through Deadly Weapon Used Within or From a Vehicle [13A-5-40(a)(18)]

Penalty Phase

Criminal Damage to Property
Criminal Mischief 1st Degree - Damage Exceeds $2500 [13A-7-21(a)(1)]
Criminal Mischief 1st Degree - Damage Inflicted by Explosion [13A-7-21(a)(2)]
Criminal Mischief 2nd Degree - Damage Exceeds $500 but not $2500 [13A-7-22]
Criminal Mischief 3rd Degree - Damage Does Not Exceed $500 [13A-7-23]
Desecration, Defacement of Memorial of Dead (Tree, Shrub, Plant, Flower, etc.) [13A-7-23.1(a)]
Desecrating, Destroying Burial Grounds or Human Remains (Tomb, Monument, Gravestone, Memorial, etc.) [13A-7-23.1(a)]

Invasion or Mutilation of Corpse [13A-7-23.1(b)]
Criminal Tampering 1st Degree - Interruption or Impairment [13A-7-25(a)(1)]
Criminal Tampering 1st Degree - Threatens [13A-7-25(a)(2)]
Criminal Tampering 2nd Degree - Property of Another [13A-7-26(a)(1)]
Criminal Tampering 2nd Degree - Property or Utility [13A-7-26(a)(2)]

Arson
Arson in the First Degree [13A-7-41]
Arson in the Second Degree (Building) [13A-7-42(a)]
Arson in the Second Degree (Detention or Penal Facility) [13A-7-42(d)]
Arson in the Third Degree [13A-7-43]