In Re: Standard Criminal Jury Instructions in Capital Cases — Polston, J., dissenting

Summary

Justice Polston, dissenting, would not authorize the proposed capital-case jury instructions on an interim basis because he continues to reject the underlying interpretation of the federal jury-trial requirement and believes the instructions should instead proceed through the Court's ordinary committee process. He also maintains that trial courts are not unable to function without immediate guidance from the Court. Justice Lawson, specially concurring, questioned the need for detailed jury findings on mitigation and weighing, while Justice Pariente, concurring, supported interim authorization because recent legislation requires a unanimous death verdict and requires guidance for pending prosecutions.