157 So.3d 1027 (Fla. 2015), SC14-1308, In re Std. Jury Instructions in Crim. Cases - Report No. 2014-05

Docket Nº:SC14-1308
Citation:157 So.3d 1027, 40 Fla. L. Weekly S 73
Opinion Judge:Per Curiam.
Party Name:IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES--REPORT NO. 2014-05
Attorney:Judge Jerri Lynn Collins, Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Sanford, Florida; and Bart Neil Schneider, Staff Liaison, Office of the State Courts Administrator, Tallahassee, Florida, for Petitioner.
Judge Panel:LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur. LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
Case Date:February 05, 2015
Court:Supreme Court of Florida
 
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Page 1027

157 So.3d 1027 (Fla. 2015)

40 Fla. L. Weekly S 73

IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES--REPORT NO. 2014-05

No. SC14-1308

Supreme Court of Florida

February 5, 2015

Judge Jerri Lynn Collins, Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Sanford, Florida; and Bart Neil Schneider, Staff Liaison, Office of the State Courts Administrator, Tallahassee, Florida, for Petitioner.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.

OPINION

Original Proceedings -- Supreme Court Committee on Standard Jury Instructions in Criminal Cases

Per Curiam.

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted proposed changes to the standard jury instructions and asks that the Court authorize the amended standard instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Committee filed its report in this case, proposing amendments to the following standard criminal jury instructions: 1.6 (Note-Taking by Jurors); 2.5 (Conviction of Certain Crimes as Impeachment); 2.8 (Jury to be Guided by Official English Translation/Interpretation, Preliminary Instructions); 2.13 (Questions by Jurors); 2.14 (Pro Se Defendant); 8.10 (Assault on Law Enforcement Officer, Firefighter, Etc.); 8.11 (Battery on Law Enforcement Officer, Firefighter, Etc.); 8.12 (Aggravated Assault on Law Enforcement Officer, Firefighter, Etc.) ; and 8.13 (Aggravated Battery on Law Enforcement Officer, Firefighter, Etc.). The Committee also proposed the following new jury instructions: 2.1(d) (Insanity--Psychotropic Medication); and 29.16(a) (Unlawful Protests). The Committee published its proposals in The Florida Bar News. Two comments were received by the Committee. The Committee altered its proposal to instruction 2.14 based on one of the comments but did not alter its proposal to instruction 1.6. The Court did not publish the proposals after they were filed.

Having considered the Committee's report and the comments submitted to the Committee, we amend the standard jury instructions as proposed by the Committee, with one modification discussed below, and authorize them for publication and use.

Some of the more significant changes to the standard jury instructions are as follows.

Instruction 1.6 (Note-Taking by Jurors) is renumbered to instruction 2.1(a) in order that it falls into the category of " Instructions During Trial" rather than the instructions under category 1 of " Instructions Before the Trial."

New instruction 2.1(d) (Insanity--Psychotropic Medication) fills a gap, as it will be given during the trial, and is identical to instruction 3.6(c) (Insanity--Psychotropic Medication), which is given in the final charge to the jury.

Instruction 2.8 (Jury to be Guided by Official English Translation/ Interpretation, Preliminary Instructions), is renumbered to instruction 2.1(b), while instruction number 2.8 is " reserved."

Instruction 2.13 (Questions by Jurors) is renumbered to instruction 2.1(c), while instruction number 2.13 is " reserved."

Instruction 2.14 (Pro Se Defendant) is renumbered to instruction 1.6, because the instruction should be given prior to jury selection, and thus not included in the

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category of " Instructions During the Trial." 1

The new and amended criminal jury instructions, as set forth in the appendix to this opinion, are hereby authorized for publication and use.2 New language is indicated by underlining, and deleted language is indicated by struck-through type. In authorizing the publication and use of these instructions, we express no opinion on their correctness and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions nor contesting the legal correctness of the instructions. We further caution all interested parties that any comments associated with the instructions reflect only the opinion of the Committee and are not necessarily indicative of the views of this Court as to their correctness or applicability. The instructions as set forth in the appendix shall be effective when this opinion becomes final.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.

APPENDIX

1.62.1(a) NOTE-TAKING BY JURORS

If you would like to take notes during the trial, you may do so. On the other hand, of course, you are not required to take notes if you do not want to. That will be left up to you individually.

You will be provided with a note pad and a pen for use if you wish to take notes. Any notes that you take will be for your personal use. However, you should not take them with you from the courtroom. During recesses, the [bailiff] [court deputy] will take possession of your notes and will return them to you when we reconvene. After you have completed your deliberations, the [bailiff] [court deputy] will deliver your notes to me. They will be destroyed. No one will ever read your notes.

If you take notes, do not get so involved in note-taking that you become distracted from the proceedings. Your notes should be used only as aids to your memory.

Whether or not you take notes, you should rely on your memory of the evidence and you should not be unduly influenced by the notes of other jurors. Notes are not entitled to any greater weight than each juror's memory of the evidence.

NOTE ON USE

The court should furnish all jurors with the necessary pads and pens for taking notes. Additionally, it may be desirable for jurors to be furnished with envelopes to place the notes in for additional privacy.

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Comment

This instruction was adopted in 2007 [SC05-1091] [967 So.2d 178] and was amended in 2015.

2.1(d) INSANITY -- PSYCHOTROPIC MEDICATION

Give, if requested by defendant, at the beginning of trial and in the charge to the jury.

(Defendant) currently is being administered psychotropic medication under medical supervision for a mental or emotional condition.

Psychotropic medication is any drug or compound affecting the mind or behavior, intellectual functions, perception, moods, or emotion and includes anti-psychotic, anti-depressant, anti-manic, and anti-anxiety drugs.

Comment

This instruction was adopted in 2015.

2.5 CONVICTION OF CERTAIN CRIMES AS IMPEACHMENT

§ § 90.107, 90.610(1), Fla. Stat.

To be given at the time the evidence is admitted, if requested.

The evidence that you are about to receive that [(witness)] [(defendant)] has been convicted of (crime)a crime should be considered by you only in weighing the credibility of [(witness's)] [(defendant's)] testimony and not for any other purpose.

Comment

This instruction was adopted in 1995 [657 So.2d 1152] and amended in 2015.

2.82.1(b) JURY TO BE GUIDED BY OFFICIAL ENGLISH TRANSLATION/INTERPRETATION

PRELIMINARY INSTRUCTIONS

[ ( Language used ) ] may be used during this trial.

The evidence you are to consider is only that provided through the official court [interpreters] [translators]. Although some of you may know[ ( language used ) ], it is important that all jurors consider the same evidence. Therefore, you must accept the English [interpretation] [translation]. You must disregard any different meaning..

If, however, during the testimony there is a question as to the accuracy of the English interpretation, you should bring this matter to my attention immediately by raising your hand. You should not ask your question or make any comment about the interpretation in the presence of the other jurors, or otherwise share your question or concern with any of them. I will take steps to see if your question can be answered and any discrepancy resolved. If, however, after such efforts a discrepancy remains, I emphasize that you must rely only upon the official English interpretation as provided by the court interpreter and disregard any other contrary interpretation.

Comments

This instruction should be given as part of the preliminary instructions to the jury. See See United States v. Franco, 136 F.3d 622, 626 (9th Cir. 1998); United States v. Fuentes-Montijo, 68 F.3d 352, 355-56 (9th Cir. 1995).

This instruction was adopted in 2006 [937 So.2d 1092] and amended in 2015.

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2.132.1(c) QUESTIONS BY JURORS

Note to Judge.

To be given if the Judge decides to permit jury questions.

During the trial, you will be permitted to ask questions of witnesses in case you missed something, you did not understand something, or you need to clarify a pertinent issue.

The rules of evidence apply regardless of whether a question is asked by the attorneys, by me or by you. Therefore, there may be a legal reason why I will not ask your question. If I do not ask your question, you must not hold that against any of the parties, you must not discuss it with the other jurors, and please do not take it personally.

Subject to that understanding, this is how we will proceed: (Two possible procedures are outlined below. Give only one. The second alternative is designed to ensure anonymity).

1. When the attorneys have finished...

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