In re Standard Criminal Jury Instructions in Capital Cases

Summary

The Florida Supreme Court further amended and authorized capital-case criminal jury instructions in response to Hurst v. Florida, Hurst v. State, and 2017 amendments to Florida’s death-penalty statute. The opinion revised the jury verdict form and renumbered and amended preliminary and final penalty-phase instructions. A concurrence in result urged trial courts to use verdict forms specifying jury findings on mitigating circumstances.

Holdings

1. The Court further amended and authorized the capital-case jury instructions set forth in the appendix for immediate publication and use.
2. The standard verdict form was amended so that it no longer requires jurors to list the mitigating circumstances found or provide the jury vote as to the existence of mitigating circumstances, although the Court did not foreclose trial courts from using additional or alternative verdict forms.
3. The authorized instructions require unanimous jury findings that at least one aggravating factor exists beyond a reasonable doubt, that the aggravating factors are sufficient to warrant a possible death sentence, that the aggravating factors outweigh mitigating circumstances, and that the defendant should be sentenced to death.

Questions Presented

1. Whether the Florida Supreme Court should further amend and authorize for publication and use the standard capital-case jury instructions in light of Hurst v. Florida, Hurst v. State, and amendments to section 921.141, Florida Statutes.
2. Whether the amended instructions should revise the capital sentencing verdict form, preliminary instructions, final instructions, and jury-polling dialogue.

Disposition

other