In re: Standard Jury Instructions in Criminal Cases—Report 2017-06

Summary

The Supreme Court of Florida authorized amended and new standard criminal jury instructions arising from Ramroop v. State and State v. Spencer. The amendments address attempted homicide and homicide instructions, including justifiable and excusable homicide, and reclassification under section 782.065, Florida Statutes. The court authorized the instructions for publication and use, with one modification to instruction 7.7.

Holdings

1. The Court authorized new and amended instructions 6.2, 6.3, 6.3(a), 6.4, 6.6, 6.7, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7(a), and 7.13 as proposed, and authorized amended instruction 7.7 as modified by the Court, for publication and use.
2. Absent an express concession that the attempted homicide or homicide was not excusable or justified, the trial judge must also read the applicable introductory instruction on justifiable and excusable attempted homicide or homicide.
3. The amended reclassification instructions require the jury to determine whether the victim was a covered law enforcement, correctional, or correctional probation officer, whether the defendant knew the victim's status, and whether the victim was engaged in the lawful performance of a legal duty.

Questions Presented

1. Whether the Supreme Court should authorize the proposed new and amended standard criminal jury instructions for publication and use.
2. What changes to the attempted homicide and homicide instructions were necessary in light of Ramroop v. State and State v. Spencer.

Disposition

approved