In re Standard Jury Instructions in Criminal Cases—Report 2017-03

Summary

The Supreme Court of Florida authorized amended standard criminal jury instructions 16.10, concerning possession of material including sexual conduct by a child with intent to promote, and 25.7, concerning possession of a controlled substance. The amendments simplify and clarify possession concepts, including knowledge, control, constructive possession, and joint possession. The amended instructions became effective when the opinion became final.

Holdings

1. The Supreme Court authorized the amended standard jury instructions 16.10 and 25.7 for publication and use as proposed and as set forth in the appendix.
2. Authorization to publish and use the amended instructions does not determine their substantive correctness or applicability and does not foreclose requests for additional or alternative instructions or challenges to their legal correctness.

Questions Presented

1. Whether the Supreme Court should authorize for publication and use the Committee's proposed amendments to standard criminal jury instructions 16.10 and 25.7.
2. Whether the proposed instructions should include a simplified explanation of possession addressing knowledge, intentional control, proximity, direct or indirect control, and joint possession.

Disposition

approved