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 or attempted 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/force], then you must consider the affirmative defense of Extreme Mental or Emotional Disturbance. Extreme Mental or Emotional Disturbance has two elements. These two elements are: 1. That the Defendant was, at the time he/she caused the death/attempted to cause the death of the other person, under the influence of extreme mental or emotional disturbance; and 2. There was a reasonable explanation for the extreme mental or emotional disturbance. The reasonableness of the explanation shall be determined from the viewpoint of a reasonable person in the circumstances as the Defendant believed them to be. The Defendant must prove an affirmative defense by a preponderance of the evidence. This means that the Defendant must prove that it is more likely than not, or more probable than not, that each element of Extreme Mental or Emotional Disturbance occurred. In determining whether the Defendant has proven an affirmative defense by a preponderance of the evidence, you must consider all of the evidence that has been presented to you regardless of who presented it. If you unanimously find that the Defendant has proven the elements of the affirmative defense by a preponderance of the evidence, then you must find the Defendant guilty of Manslaughter/Attempted Manslaughter based upon Extreme Mental or Emotional Disturbance. If you unanimously find that the Defendant has not proven the elements of the affirmative defense by a preponderance of the evidence, then you must find the Defendant guilty of (specify murder or attempted murder charge). If you are unable to reach a unanimous agreement as to whether the affirmative defense has been proved or not been proved, then a verdict may not be returned on (specify murder or attempted murder charge). Notes Effective May 19, 2003, Extreme Mental or Emotional Disturbance became an affirmative defense.