02-07-2015, 02:24 PM
http://murderpedia.org/female.A/a/andriano-wendi.htm#footnote_3
Wendi Andriano, poisoned and stabbed terminally ill husband.
She was sentenced to death.
Excerpt from instructions to the jury....
"Before being given the instruction to which Andriano objects, the jurors had been instructed as follows:Although a final decision on a penalty of death or life imprisonment must be unanimous, the determination of what circumstances are mitigati[ng] is for each one of you to resolve, individually, based upon all the evidence that has been presented to you during this phase and at any of the prior phases of the trial.(Emphasis added.)   The jurors were also given the following instruction:You must make your decision about whether mitigation is sufficiently substantial to call for leniency based solely upon your weighing of any mitigation proven to you and the aggravating factor you have already found during the Aggravation Phase.   To do this, you must individually determine the nature and extent of mitigating circumstances.   Then, in light of the aggravating circumstance that has been proven to exist, you must individually determine if the totality of the mitigating circumstances is sufficiently substantial to call for leniency and a life sentence.(Emphasis added.)Moreover, at the outset of the penalty phase, the jury was preliminarily advised that “[t]he jurors do not have to agree unanimously that a mitigating circumstance has been proven to exist.   Each juror may consider any mitigating circumstance found by that juror in determining the appropriate penalty.”   The jury was further instructed at that time to “individually decide whether there is mitigation and whether it is sufficiently substantial to call for the imposition of a life sentence rather than a sentence of death.”Defense counsel's closing argument in the penalty phase also correctly advised the jurors regarding their responsibilities.   Defense counsel told the jury, “[t]o clarify once again, individually determine the nature and extent of the mitigating circumstances.   Not as a group, individually.   What is it to me, as one juror.   What is my moral position on that circumstance.”
Wendi Andriano, poisoned and stabbed terminally ill husband.
She was sentenced to death.
Excerpt from instructions to the jury....
"Before being given the instruction to which Andriano objects, the jurors had been instructed as follows:Although a final decision on a penalty of death or life imprisonment must be unanimous, the determination of what circumstances are mitigati[ng] is for each one of you to resolve, individually, based upon all the evidence that has been presented to you during this phase and at any of the prior phases of the trial.(Emphasis added.)   The jurors were also given the following instruction:You must make your decision about whether mitigation is sufficiently substantial to call for leniency based solely upon your weighing of any mitigation proven to you and the aggravating factor you have already found during the Aggravation Phase.   To do this, you must individually determine the nature and extent of mitigating circumstances.   Then, in light of the aggravating circumstance that has been proven to exist, you must individually determine if the totality of the mitigating circumstances is sufficiently substantial to call for leniency and a life sentence.(Emphasis added.)Moreover, at the outset of the penalty phase, the jury was preliminarily advised that “[t]he jurors do not have to agree unanimously that a mitigating circumstance has been proven to exist.   Each juror may consider any mitigating circumstance found by that juror in determining the appropriate penalty.”   The jury was further instructed at that time to “individually decide whether there is mitigation and whether it is sufficiently substantial to call for the imposition of a life sentence rather than a sentence of death.”Defense counsel's closing argument in the penalty phase also correctly advised the jurors regarding their responsibilities.   Defense counsel told the jury, “[t]o clarify once again, individually determine the nature and extent of the mitigating circumstances.   Not as a group, individually.   What is it to me, as one juror.   What is my moral position on that circumstance.”