EXTREME MENTAL OR EMOTIONAL DISTURBANCE MANSLAUGHTER

EXTREME MENTAL OR EMOTIONAL DISTURBANCE MANSLAUGHTER: H.R.S. § 707-702(2) If and only if you unanimously find that all the elements of (specify murder charge) have been proven by the prosecution beyond a reasonable doubt [and you unanimously find that the defendant was not justified in using deadly force], then you must consider whether, at the time defendant caused the death, he/she was under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation. The reasonableness of the explanation shall be determined from the viewpoint of a person in the defendant's situation under the circumstances of which the defendant was aware or as the defendant believed them to be. The prosecution must prove beyond a reasonable doubt that the defendant was not, at the time that he/she caused the death of (decedent), under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation. If you unanimously find that the prosecution has done so, then you must return a verdict of guilty of (specify murder charge). If you unanimously find that the prosection has not done so, then you must return a verdict of guilty of Manslaughter based upon extreme mental or emotional disturbance. If you are unable to reach a unanimous agreement as to whether the prosecution has proved, or failed to prove, that the defendant was not under the influence of extreme mental or emotional disturbance, then your decision is not unanimous and a verdict may not be returned on this offense.