Criminal jury instruction amendments.

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases submits the following new and amended instructions to the Florida Standard Jury Instructions in Criminal Cases for comment. The committee proposes the following:

2.08--VERDICT AND SUBMITTING CASE TO JURY

2.8--RECORDED INTERVIEW (EFFECT OF LAW ENFORCEMT STATEMENTS ON THE DEFENDANT)

3.12--VERDICT

3.13--SUBMITTING CASE TO JURY

11.22--GIVING OBSCENE MATERIAL TO A MINOR

20.13--FRAUDULENT USE OR POSSESSION WITH INTENT TO FRAUDULENTLY USE PERSONAL IDENTIFICATION INFORMATION

20.14--HARASSMENT BY USE OF PERSONAL IDENTIFICATION INFORMATION

20.15--FRAUDULENT USE OF PERSONAL IDENTIFICATION INFORMATION OF A [MINOR] [PERSON SIXTY YEARS OF AGE OR OLDER]

20.16--FRAUDULENT USE OF PERSONAL IDENTIFICATION INFORMATION OF A [MINOR] [PERSON SIXTY YEARS OF AGE OR OLDER] BY A PARENT, GUARDIAN, OR PERSON WHO EXERCISED CUSTODIAL AUTHORITY

20.17--FRAUDULENT USE OR POSSESSION WITH INTENT TO FRAUDULENTLY USE PERSONAL IDENTIFICATION INFORMATION CONCERNING A [DECEASED INDIVIDUAL] [DISSOLVED BUSINESS ENTITY]

20.18--[FRAUDULENT CREATION OF] [FRAUDULENT USE OF] [POSSESSION WITH INTENT TO FRAUDULENTLY USE] COUNTERFEIT PERSONAL IDENTIFICATION INFORMATION

20.21--FRAUDULENT USE OF PERSONAL IDENTIFICATION INFORMATION OF A [DISABLED ADULT] [PUBLIC SERVANT] [VETERAN] [FIRST RESPONDER] [STATE EMPLOYEE] [FEDERAL EMPLOYEE]

20.22--UNLAWFUL FILING OF FALSE [DOCUMENTS] [RECORDS] AGANST [REAL] [PERSONAL] PROPERTY

22.17--UNLAWFUL OPERATION OF A DRAWING BY CHANCE

22.18--UNLAWFUL OPERATION OF A GAME PROMOTION

27.1--ESCAPE

The committee invites all interested persons to comment on the proposals, reproduced in full below. Comments must be received by the committee in either electronic format or hard copy on or before January 31. The committee will review all comments received in response to the above proposal at its next meeting and will consider amendments based upon the comments received. Upon final approval of the instruction, the committee will make a recommendation to the Florida Supreme Court. File your comments electronically to CrimJuryInst@flcourts.org, in the format of a Word document. If you cannot file electronically, mail a hard copy of the comment to Standard Jury Instructions Committee in Criminal Cases, c/o Bart Schneider, General Counsel's Office, Office of the State Courts Administrator, 500 S. Duval Street, Tallahassee 32399-1900.

2.08 VERDICT AND SUBMITTING CASE TO JURY

In just a few moments you will be taken to the jury room by the [court deputy] [bailiff]. The first thing you should do is choose a foreperson who will preside over your deliberations. The foreperson should see to it that your discussions are carried on in an organized way and that everyone has a fair chance to be heard. It is also the foreperson's job to sign and date the verdict form when all of you have agreed on a verdict and to bring the verdict form back to the courtroom when you return. During deliberations, jurors must communicate about the case only with one another and only when all jurors are present in the jury room. You are not to communicate with any person outside the jury about this case. Until you have reached a verdict, you must not talk about this case in person or through the telephone, writing, or electronic communication, such as a blog, twitter, e-mail, text message, or any other means. Do not contact anyone to assist you during deliberations. These communications rules apply until I discharge you at the end of the case. If you become aware of any violation of these instructions or any other instruction I have given in this case, you must tell me by giving a note to the [court deputy] [bailiff].

Give if judge has allowed jurors to keep their electronic devices during the trial.

Many of you may have cell phones, tablets, laptops, or other electronic devices here in the courtroom. The rules do not allow you to bring your phones or any of those types of electronic devices into the jury room. Kindly leave those devices on your seats where they will be guarded by the [court deputy] [bailiff] while you deliberate.

If you need to communicate with me, send a note through the [court deputy] [bailiff], signed by the foreperson. If you have voted, do not disclose the actual vote in the note. If you have questions, I will talk with the attorneys before I answer, so it may take some time. You may continue your deliberations while you wait for my answer. I will answer any questions, if I can, in writing or orally here in open court.

Give if applicable.

During the trial, [an item] [items] [was] [were] received into evidence as [an] exhibit[s]. You may examine whatever exhibit[s] you think will help you in your deliberations.

Give a or b as appropriate.

a.--[The[se] exhibit[s] will be sent into the jury room with you when you begin to deliberate.]

b.--[If you wish to see an[y] exhibit[s], please request that in writing.]

Before the respondent may be confined to a secure facility as a sexually violent predator, your verdict must be unanimous; that is, all of you must agree to the same verdict. The verdict must be the verdict of each juror as well as the jury as a whole.

If the verdict is not unanimous but a majority of the jury determines that the respondent is a sexually violent predator, the case may be retried before another jury.

If three or more jurors determine that the respondent is not proven to be a sexually violent predator [he] [she] will not be confined to a secure facility as a sexually violent predator and the case will not be retried before another jury.

The verdict must be in writing and for your convenience the necessary verdict form has been prepared for you. (Read and explain verdict form.)

In closing, let me remind you that it is important that you follow the law spelled out in these instructions in deciding your verdict. There are no other laws that apply to this case. Even if you do not like the laws that must be applied, you must use them. For two centuries we have lived by the constitution and the law. No juror has the right to violate rules we all share.

Comments

Based upon [section] 394.917, Fla. Stat.; Florida Standard Jury Instruction (Criminal) 3.13, Submitting Case to Jury.

This instruction was adopted in 2000 [777 So. 2d 366] and amended in 2012 [95 So. 3d 868], and 2014 [152 So. 3d 529], and 2016.

2.8 RECORDED INTERVIEW (EFFECT OF LAW ENFORCEMENT STATEMENTS ON THE DEFENDANT)

If a recorded interview can not be appropriately redacted because the recording would no longer make sense, the trial judge may give a limiting instruction immediately before the recorded interview is played for the jury.

You are about to [hear] [watch] a recorded interview that contains assertions or opinions by (name of law enforcement officer(s)) to (defendant). These assertions or opinions are pertinent only to explain the reactions and responses they elicit. You are not to consider these statements by the officer as true, but only to establish the context of (defendant's) reactions and responses.

Dubria v. Smith, 224F. 3d995 (9th Cir. 2000); Jackson v. State, 18 So. 3d 1016 (Fla. 2009); and McWatters v. State, 36 So. 3d 613 (Fla. 2010).

Comment

This instruction was adopted in 2016.

3.12 VERDICT

The giving of an instruction as to the verdict can be avoided by the use of a self-executing verdict form. The judge can read the verdict form to the jury, explaining it as [he] [she] goes. A sample of possible verdict forms for typical variables in combinations of defendants and charges follows:

1. Verdict form for single count, single defendant.

We, the jury, find as follows, as to the defendant in this case: (check only one)

--a. The defendant is guilty of (crime charged).

--b. The defendant is guilty of (a lesser included offense).

--c. The defendant is not guilty.

2. Verdict form for multiple counts, single defendant.

We, the jury, find as follows, as to Count I of the charge: (check only one as to this count)

--a. The defendant is guilty of (crime charged).

--b. The defendant is guilty of (a lesser included offense).

--c. The defendant is not guilty.

We, the jury, find as follows, as to Count II of the charge: (check only one as to this count)

--a. The defendant is guilty of (crime charged).

--b. The defendant is guilty of (a lesser included offense).

--c. The defendant is not guilty.

3. Verdict form if a count is a crime where the defendant can be guilty of more than one lesser included offense.

We, the jury, find as follows, as to Count (insert number) of the charge:

--a. The defendant is guilty of (crime charged).

(If the defendant is not guilty of the main charge, then proceed to the lesser included offenses):

--b. The defendant is guilty of lesser included offense(s). (check as many lesser included offenses as apply)

The defendant is guilty of (lesser included offense).

The defendant is guilty of (lesser included offense).

The defendant is guilty of (lesser included offense).

The defendant is guilty of (lesser included offense).

(If the defendant is not guilty of the main charge or any lesser included offenses, then proceed to not guilty):

--c. The defendant is not guilty.

Use separate verdict for each defendant.

34. Verdict form for multiple counts, multiple defendants.

We, the jury, find as to the defendant, (name of defendant), as follows:

As to Count I: (check only one as to this count)

--a. The defendant is guilty of (crime charged).

--b. The defendant is guilty of (a lesser included offense).

--c. The defendant is not guilty.

As to Count II: (check only one as to this count)

--a. The defendant is guilty of (crime charged).

--b. The defendant is guilty of (a lesser included offense).

--c. The defendant is not guilty.

45. Verdict form in capital cases, second penalty proceeding.

--a. We recommend the defendant be sentenced to life imprisonment without the possibility of parole.

Give 4b for offenses occurring before May 25, 1994.

--b. We recommend the defendant be...