Jury Instructions
Declaration, death is never required instruction (McNally 2016)

Provides a list of the cases in which the judge instructed the jury that death is never required.  The list separates the cases by the sentence that was received.

Declaration, Application of Beyond a Reasonable Doubt Standard to Weighing Process (McNally 2012)
Provides information about the use of the "beyond a reasonable doubt" standard as applied to the weighing of aggravating and mitigating circumstances in federal capital trials.
Declaration re Residual Doubt (McNally 2014)

DECLARATION OF KEVIN McNALLY REGARDING FEDERAL JURIES WHICH HAVE CONSIDERED OR FOUND THE EXISTENCE OF LINGERING OR RESIDUAL DOUBT AS A MITIGATING CIRCUMSTANCE 1. I currently serve as the Director of the Federal Death Penalty Resource Counsel Project, assisting court‐appointed and defender attorneys charged with the def

Declaration re Non-Unanimity Instruction (McNally 2015)
Provides information about the general practice of district courts to present the jury with three penalty phase options: (1) a unanimous vote for death; (2) a unanimous vote for life, or; (3) a non-unanimous decision that will result in a sentence other than death, usually life without the possibility of release. In some case judges have limited the jury to a single choice - unanimous agreement on death or not.