r1r STANDING COMMITTEE ON RULES OF PRACTICE - Maryland ...

REPORTER’S NOTE
In footnote 5 of Conyers v. State, 354 Md. 132 (1999), the
Court of Appeals observed that a phrase such as “facts or
circumstances” might be more appropriate in certain parts of the
capital sentencing form than the word “evidence,” because the
judge or jury considers more than evidence in determining
mitigating circumstances. The Pattern Jury Instructions
Committee recommends substituting the language “that it is more
likely than not” in place of the language “by a preponderance of
the evidence.” This leaves in a burden of proof standard, yet
avoids the use of the word “evidence.” The proposed amendments
to Rule 4-343 make this change throughout the form and, in
Section IV of the form, replace the introductory phrase, “Based
upon the evidence,” with the phrase, “From our consideration of
the facts and circumstances of this case.”
In addition, a proposed stylistic amendment to the form
conforms it to modern usage and to the Maryland Criminal Pattern
Jury Instructions by replacing the word “proven” with “proved.”
Another stylistic change corrects a future tense directive in
Section V by making it a past tense affirmative statement that
the jury “has weighed” the aggravating circumstances against the
mitigating circumstances. An additional stylistic change
substitutes the word “foreperson” for the former word “foreman,”
to reflect the Judiciary’s policy to use gender neutral words
where practicable.
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