Monday, August 20, 2007

VERDICT SHEET

How do you find as to Count of the indictment, charging the defendant with (distribution) (possession with intent to distribute) (manufacture) of (insert appropriate CDS) (controlled substance analog):
_______ NOT GUILTY ________ GUILTY
If you have found the defendant guilty, how do you find as to the quantity or (insert appropriate CDS) (controlled substance analog) (check one only):
[The following is to be used when heroin or cocaine (or their analog) is involved.]
Five (5) ounces or more (including any adulterants or dilutants) including at least 3.5 grams of free base drug; or
One-half (1/2 ounce or more but less than five (5) ounces (including any adulterants or dilutants) including 3.5 grams of pure free base drug; or
Less than one-half (1/2) ounces (including any adulterants or dilutants), including less than 3.5 grams free base drug or an undetermined amount of pure free base drug.
NOTE: All three of the above are to be used when a First Degree offense is charged. If only a Second Degree offense is charged, then the sheet should simply indicate whether more than 1/2 ounce with 3.5 grams pure free base was involved. For example:
If you find the defendant guilty, was the quantity of one-half (1/2) ounce or more (including any adulterants or dilutants) including 3.5 grams of pure free base drug:
______ NO ______ YES
[The following is to be used when a Schedule I or II drug (or its analog) other than heroin or cocaine is involved.]
If you find the defendant guilty, were the quality or quantity one (1) ounce or more (including any adulterants or dilutants; including 3.5 grams of pure free base drug:
______ NO ______ YES
[The following is to be used when LSD or phencyclidine (or their analog) is involved.]
If you find the defendant guilty, was the quantity of (LSD or its analog) (phencyclidine or its analog) (100 milligrains) (10 grams) or more including any adulterants or dilutants:
______ NO ______ YES
VERDICT SHEET
(N.J.S.A. 2C:35-5)
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[The following is to be charged when methamphetamine (or its analog) is involved.]
If you find the defendant guilty, was the quantity one (1) ounce or more (including any
adulterants or dilutants), including 3.5 grams of pure free base drug:
______ NO ______ YES
[The following is to be charged when marijuana or hashish is involved.]
If you find the defendant guilty, how do you find as to the quantity of (marijuana) (hashish)
(Five (5) pounds) (One (1) pound) or more, including any adulterants or dilutants.
(One (1) ounce) (Five (5) grams) or more, but less than (five (5) pounds) (one (1) pound), including any adulterants or dilutants.
Less than (one (1) ounce) (five (5) grams) including any adulterants or dilutants.
NOTE: If only a Third Degree offense is charged, then the sheet should simply ask whether at least one ounce or five grams is found. For example:
If you find the defendant guilty, was the quantity (one (1)ounce) (five (5) grams) or more including any adulterants or dilutants:
______ NO ______ YES