In re Standard Jury Instructions in Criminal Cases—Report 2010-05

Summary

The Florida Supreme Court authorized the publication and use of amendments to several standard criminal jury instructions proposed in Report 2010-05. The opinion also approved modifications concerning juror questions and rules for deliberation, along with instructions addressing other-crimes evidence, trespass, organized fraud, contributing to child dependency, obscene materials, boating under the influence, and taking deer or wild turkey with a gun and light.

Holdings

1. The Court authorized publication and use of instructions 3.8(a), 13.3, 16.4(a), 24.6, 28.14 through 28.17, and 29.14 as proposed by the Committee.
2. Instruction 2.13 was authorized with an additional sentence requiring jurors not to discuss a question that is not asked and not to hold that decision against either party.
3. Instruction 3.10, Rules for Deliberation, was amended on the Court's own motion to include a paragraph directing jurors not to discuss questions written by a juror but not asked by the court and not to hold the matter against either party.
4. The Court declined at that time to authorize proposed instruction 28.41, Leaving the Scene of a Crash Involving Damage to an Attended Vehicle or Property, and referred the proposal back to the Committee for further study.
5. Authorization for publication and use does not foreclose requests for additional or alternative instructions or challenges to the legal correctness of the instructions.

Questions Presented

1. Whether the Court should authorize publication and use of the Committee's proposed amendments and new standard criminal jury instructions.
2. Whether instruction 2.13 should be modified to advise jurors not to discuss an unasked question or hold its omission against either party.
3. Whether instruction 3.10 should be amended to address juror questions that were not asked of a witness.
4. Whether proposed instruction 28.41, concerning leaving the scene of a crash involving damage to an attended vehicle or property, should be authorized.

Disposition

approved