In re Standard Jury Instructions in Criminal Cases—Report No. 2016-08

Summary

This Florida Supreme Court opinion authorizes amended standard criminal jury instructions pursuant to the Committee’s 2016-08 report. The amendments concern instructions for driving and boating under the influence manslaughter, kidnapping, false imprisonment, false information to law enforcement, and failure to obey a lawful order, while declining to authorize a proposed amendment concerning possession of personal identification information. The authorized instructions become effective when the opinion becomes final.

Holdings

1. The Court authorized amended standard criminal jury instructions 7.8, 7.8(a), 9.1, 9.2, 18.3, and 28.18 for publication and use, with modifications revising the statutory citations to the definition of vehicle in instructions 7.8 and 28.18.
2. The Court declined to authorize the proposed amendment to instruction 20.18(a) because determining whether the existing possession explanations are deficient or confusing is a substantive legal matter appropriate for resolution only in the context of an actual case or controversy.
3. Authorization for publication and use does not constitute an opinion on the correctness of the instructions and does not foreclose requests for additional or alternative instructions or challenges to the instructions' legal correctness or applicability.

Questions Presented

1. Whether the Supreme Court of Florida should authorize the proposed amendments to standard criminal jury instructions 7.8, 7.8(a), 9.1, 9.2, 18.3, 20.18(a), and 28.18 for publication and use.
2. Whether the Court should authorize the proposed substantive revision to the possession explanations in instruction 20.18(a) absent an actual case or controversy addressing the correctness of the existing explanations.

Disposition

approved