Tennessee § 39-13-207 - Sentencing where death penalty is not sought.

§ 39-13-207. Sentencing where death penalty is not sought.

In any first degree murder case in which the state does not seek the death penalty, but is seeking imprisonment for life without possibility of parole as the maximum punishment, should the jury find the defendant guilty of first degree murder, the jury shall fix the punishment in a separate sentencing proceeding, to determine whether the defendant shall be sentenced to imprisonment for life without possibility of parole or imprisonment for life. The sentencing proceeding shall be conducted in accordance with § 39-13-204, excluding references to the death penalty. If the jury unanimously determines that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, as set forth in § 39-13-204(i), the jury shall return its verdict to the judge on the form described in § 39-13-204(f)(1), and the court shall sentence the defendant to imprisonment for life. If the jury unanimously determines that the state has proven beyond a reasonable doubt one (1) or more of the statutory aggravating circumstances set forth in § 39-13-204(i), the jury shall, in its considered discretion, sentence the defendant either to imprisonment for life without possibility of parole or to imprisonment for life. The jury shall be instructed that, in imposing sentence, it shall weigh and consider the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and any mitigating circumstance or circumstances. The jury shall then return its verdict to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE OR IMPRISONMENT FOR LIFE We, the jury, unanimously find that the state has proven the following listed statutory aggravating circumstance or circumstances beyond a reasonable doubt: (Here list the statutory aggravating circumstance or circumstances so found) CHECK ONE (1) BOX ONLY [ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life without possibility of parole; or [ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life. /s/ /s/ Jury Foreperson Juror /s/ /s/ Juror Juror /s/ /s/ Juror Juror /s/ /s/ Juror Juror /s/ /s/ Juror Juror /s/ /s/ Juror Juror Click to view form. If the jury cannot ultimately agree as to punishment, the judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment. When a defendant has been sentenced to imprisonment for life without possibility of parole, the defendant may appeal the sentence to the Tennessee court of criminal appeals. The court of criminal appeals shall first consider any errors assigned and then the court shall review the appropriateness of the sentence. A sentence of imprisonment for life without possibility of parole shall be considered appropriate if the state proved beyond a reasonable doubt at least one (1) statutory aggravating circumstance contained in § 39-13-204(i), and the sentence was not otherwise imposed arbitrarily, so as to constitute a gross abuse of the jury's discretion. Acts 1993, ch. 473, § 7. Sentencing Commission Comments. This section sets forth the sentencing procedures where the state does not seek the death penalty, but does seek the penalty of life without parole. It provides that such procedures shall be in accordance with § 39-13-204 , excluding references to the death penalty. If the aggravating circumstance or circumstances are found to have been proven beyond a reasonable doubt, but they have not been proven to outweigh the mitigating circumstances beyond a reasonable doubt, the jury may sentence the defendant to either life imprisonment or life without parole, in its discretion. The judge must instruct the jury to weigh and consider any aggravating or mitigating factor proven beyond a reasonable doubt in reaching its decision. If the jury finds that no aggravating circumstances have been proven beyond a reasonable doubt, the sentence must be life imprisonment. Compiler's Notes. Former § 39-13-207 , concerning voluntary manslaughter, was transferred to § 39-13-211 in 1990. Acts 1993, ch. 473, § 16 provided that this section shall apply to all offenses committed on or after July 1, 1993. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Burden of proof, title 39, ch. 11, part 2. Criminal Sentencing Reform Act, title 40, ch. 35. First degree murder, § 39-13-202 .