3.

3. EXTENDED TERM CATEGORIES AND SPECIAL INTERROGATORIES The prosecution has alleged that the Defendant, (defendant’s name), is a persistent offender and that an extended term of imprisonment is necessary for the protection of the public. The prosecution has the burden of proving these allegations beyond a reasonable doubt. It is your duty to decide whether the prosecution has done so by answering the following two questions on a special interrogatory that will be provided to you: 1. Has the prosecution proved beyond a reasonable doubt that the Defendant is a persistent offender in that he/she has previously been convicted of two or more felonies committed at different times when the Defendant was eighteen years of age or older? 2. Has the prosecution proved beyond a reasonable doubt that it is necessary for the protection of the public to extend the Defendant’s sentence from a [possible five year term of imprisonment] [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] to a [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] [definite life term of imprisonment]? You must answer each of these questions separately. Your answers must be unanimous. ____________________________ H.R.S. § 706-662(1) – Special Interrogatory You must answer the following two questions separately. Your answers must be unanimous. 1. Has the prosecution proved beyond a reasonable doubt that the Defendant is a persistent offender in that he/she has previously been convicted of two or more felonies committed at different times when the Defendant was eighteen years of age or older? Yes _____ No _____ 2. Has the prosecution proved beyond a reasonable doubt that it is necessary for the protection of the public to extend the Defendant’s sentence from a [possible five year term of imprisonment] [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] to a [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] [definite life term of imprisonment]? Yes _____ No _____ Date: __________________ FOREPERSON The prosecution has alleged that the Defendant, (defendant’s name), is a professional criminal and that an extended term of imprisonment is necessary for the protection of the public. The prosecution has the burden of proving these allegations beyond a reasonable doubt. It is your duty to decide whether the prosecution has done so by answering the following two questions on a special interrogatory that will be provided to you: 1. Has the prosecution proved beyond a reasonable doubt that the Defendant is a professional criminal in that [the circumstances of the crime show that the defendant has knowingly engaged in criminal activity as a major source of livelihood] [the defendant has substantial income or resources not explained to be derived from a source other than criminal activity]? 2. Has the prosecution proved beyond a reasonable doubt that it is necessary for the protection of the public to extend the Defendant’s sentence from a [possible five year term of imprisonment] [possible ten year term of imprisonment] possible twenty year term of imprisonment] [possible life term of imprisonment] to a [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] [definite life term of imprisonment]? You must answer each of these questions separately. Your answers must be unanimous. ____________________________ H.R.S. § 706-662(2) – Special Interrogatory You must answer the following two questions separately. Your answers must be unanimous. 1. Has the prosecution proved beyond a reasonable doubt that the Defendant is a professional criminal in that [the circumstances of the crime show that the defendant has knowingly engaged in criminal activity as a major source of livelihood] [the defendant has substantial income or resources not explained to be derived from a source other than criminal activity]? Yes _____ No _____ 2. Has the prosecution proved beyond a reasonable doubt that it is necessary for the protection of the public to extend the Defendant’s sentence from a [possible five year term of imprisonment] [possible ten year term of imprisonment] possible twenty year term of imprisonment] [possible life term of imprisonment] to a [possible ten year term of imprisonment] possible twenty year term of imprisonment] [possible life term of imprisonment] [definite life term of imprisonment]? Yes _____ No _____ Date: __________________ FOREPERSON The prosecution has alleged that the Defendant, (defendant’s name), is a dangerous person and that an extended term of imprisonment is necessary for the protection of the public. The prosecution has the burden of proving these allegations beyond a reasonable doubt. It is your duty to decide whether the prosecution has done so by answering the following two questions on a special interrogatory that will be provided to you: 1. Has the prosecution proved beyond a reasonable doubt that the Defendant is a dangerous person in that: (a) he/she has been subjected to a psychiatric or psychological evaluation that documents a significant history of dangerousness to others resulting in criminally violent conduct; and (b) this history makes the defendant a serious danger to others? 2. Has the prosecution proved beyond a reasonable doubt that it is necessary for the protection of the public to extend the Defendant’s sentence from a [possible five year term of imprisonment] [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] to a [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] [definite life term of imprisonment]? You must answer each of these questions separately. Your answers must be unanimous. ____________________________ H.R.S. § 706-662(3) – Special Interrogatory You must answer the following two questions separately. Your answers must be unanimous. 1. Has the prosecution proved beyond a reasonable doubt that the Defendant is a dangerous person in that: (a) he/she has been subjected to a psychiatric or psychological evaluation that documents a significant history of dangerousness to others resulting in criminally violent conduct; and (b) this history makes the defendant a serious danger to others? Yes _____ No _____ 2. Has the prosecution proved beyond a reasonable doubt that it is necessary for the protection of the public to extend the Defendant’s sentence from a [possible five year term of imprisonment] [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] to a [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] [definite life term of imprisonment]? Yes _____ No _____ Date: __________________ FOREPERSON The prosecution has alleged that the Defendant, (defendant’s name), is a multiple offender and that an extended term of imprisonment is necessary for the protection of the public. The prosecution has the burden of proving these allegations beyond a reasonable doubt. It is your duty to decide whether the prosecution has done so by answering the following two questions on a special interrogatory that will be provided to you: 1. Has the prosecution proved beyond a reasonable doubt that the Defendant is a multiple offender in that [[he/she is [being sentenced for two or more felonies] [already under sentence of imprisonment for any felony]] [the maximum terms of imprisonment authorized for each of the defendant’s crimes, if made to run consecutively, [would equal or exceed in length the maximum of the extended term imposed] [would equal or exceed forty years]]? 2. Has the prosecution proved beyond a reasonable doubt that it is necessary for the protection of the public to extend the Defendant’s sentence from a [possible five year term of imprisonment] [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] to a [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] [definite life term of imprisonment]? You must answer each of these questions separately. Your answers must be unanimous. ____________________________ H.R.S. § 706-662(4) – Special Interrogatory You must answer the following two questions separately. Your answers must be unanimous. 1. Has the prosecution proved beyond a reasonable doubt that the Defendant is a multiple offender in that [[he/she is [being sentenced for two or more felonies] [already under sentence of imprisonment for any felony]] [the maximum terms of imprisonment authorized for each of the defendant’s crimes, if made to run consecutively, [would equal or exceed in length the maximum of the extended term imposed] [would equal or exceed forty years]]? Yes _____ No _____ 2. Has the prosecution proved beyond a reasonable doubt that it is necessary for the protection of the public to extend the Defendant’s sentence from a [possible five year term of imprisonment] [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] to a [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] [definite life term of imprisonment]? Yes _____ No _____ Date: __________________ FOREPERSON H.R.S. § 706-662(5) The prosecution has alleged that the Defendant, (defendant’s name), is an offender against [the elderly] [the handicapped] [a minor eight years of age or younger] and that an extended term of imprisonment is necessary for the protection of the public. The prosecution has the burden of proving these allegations beyond a reasonable doubt. It is your duty to decide whether the prosecution has done so by answering the following two questions on a special interrogatory that will be provided to you: 1. Has the prosecution proved beyond a reasonable doubt that the Defendant is an offender against [the elderly] [the handicapped] [a minor eight years of age or younger] in that: (a) he/she committed or attempted to commit [murder] [manslaughter] [sexual assault in the [first] [second] [third] degree] [robbery] [assault in the [first] [second] degree] [burglary] [kidnapping]; and (b) in the course of committing or attempting to commit the crime, he/she inflicted serious or substantial bodily injury upon a person who was [sixty years of age or older] [[blind] [a paraplegic] [a quadriplegic]] [eight years of age or younger]; and (c) the person’s status was known or reasonably should have been known to the Defendant? 2. Has the prosecution proved beyond a reasonable doubt that it is necessary for the protection of the public to extend the Defendant’s sentence from a [possible five year term of imprisonment] [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] to a [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] [definite life term of imprisonment]? You must answer each of these questions separately. Your answers must be unanimous. ____________________________ H.R.S. § 706-662(5) – Special Interrogatory You must answer the following two questions separately. Your answers must be unanimous. 1. Has the prosecution proved beyond a reasonable doubt that the Defendant is an offender against [the elderly] [the handicapped] [a minor eight years of age or younger] in that: (a) he/she committed or attempted to commit [murder] [manslaughter] [sexual assault in the [first] [second] [third] degree] [robbery] [assault in the [first] [second] degree] [burglary] [kidnapping]; and (b) in the course of committing or attempting to commit the crime, he/she inflicted serious or substantial bodily injury upon a person who was [sixty years of age or older] [[blind] [a paraplegic] [a quadriplegic]] [eight years of age or younger]; and (c) the person’s status was known or reasonably should have been known to the Defendant? Yes _____ No _____ 2. Has the prosecution proved beyond a reasonable doubt that it is necessary for the protection of the public to extend the Defendant’s sentence from a [possible five year term of imprisonment] [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] to a [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] [definite life term of imprisonment]? Yes _____ No _____ Date: __________________ FOREPERSON The prosecution has alleged that the Defendant, (defendant’s name), is a hate crime offender and that an extended term of imprisonment is necessary for the protection of the public. The prosecution has the burden of proving these allegations beyond a reasonable doubt. It is your duty to decide whether the prosecution has done so by answering the following two questions on a special interrogatory that will be provided to you: 1. Has the prosecution proved beyond a reasonable doubt that the Defendant is a hate crime offender in that he/she (a) has been convicted of (specify a crime under chapter 707, 708, or 711); (b) intentionally selected [a victim] [the property that was the object of the crime] because of hostility toward the actual or perceived [race] [religion] [disability] [ethnicity] [national origin] [gender identity or expression]* [sexual orientation] of any person? 2. Has the prosecution proved beyond a reasonable doubt that it is necessary for the protection of the public to extend the Defendant’s sentence from a [possible five year term of imprisonment] [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] to a [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] [definite life term of imprisonment]? You must answer each of these questions separately. Your answers must be unanimous. Notes *If this alternative is selected, include the following definition: [“Gender identity or expression” includes a person’s actual or perceived gender, as well as a person’s gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person’s sex at birth.] ____________________________ H.R.S. § 706-662(6) – Special Interrogatory You must answer the following two questions separately. Your answers must be unanimous. 1. Has the prosecution proved beyond a reasonable doubt that the Defendant is a hate crime offender in that he/she (a) has been convicted of (specify a crime under chapter 707, 708, or 711); and (b) intentionally selected [a victim] [the property that was the object of the crime] because of hostility toward the actual or perceived [race] [religion] [disability] [ethnicity] [national origin] [gender identity or expression] [sexual orientation] of any person? Yes _____ No _____ 2. Has the prosecution proved beyond a reasonable doubt that it is necessary for the protection of the public to extend the Defendant’s sentence from a [possible five year term of imprisonment] [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] to a [possible ten year term of imprisonment] [possible twenty year term of imprisonment] [possible life term of imprisonment] [definite life term of imprisonment]? Yes _____ No _____ Date: __________________ FOREPERSON