Standard Jury Instructions in Criminal Cases, In re, 39673
| Decision Date | 27 May 1970 |
| Docket Number | No. 39673,39673 |
| Parties | . Supreme Court of Florida |
| Court | Florida Supreme Court |
This matter comes on to be heard on the report of the Supreme Court Committee on Standard Jury Instructions in Criminal Cases and the printed looseleaf book of instructions prepared by the Committee and submitted with the Committee's report. The Court generally approves the theory and technique of charging juries in criminal cases as recommended by the Committee and embodied in its proposed instructions. The Court will, accordingly, authorize the publication and use of such instructions, but without prejudice to the rights of any litigant objecting to the use of one or more of such approved forms of instructions. The Court recognizes that the initial determination of applicable substantive law in every case should be made by the trial judge and that it would be inappropriate for the Court at this time to consider the recommended instructions with a view to adjudging that the legal principles embodied in the recommended instructions correctly state the law of Florida. Similarly, the Court recognizes that no approval of the forms by the Court could relieve the trial judge of his responsibility under the law properly and correctly to charge the jury in each case as it comes before him. This order is not to be construed as any intrusion on that responsibility of the trial judges. The Court is confident that the forms of instructions recommended by the Committee state as accurately as a group of experienced lawyers and judges could state the law of Florida in simple understandable language. Accordingly, it is ordered by the Court:
1. The Supreme Court Committee on Standard Jury Instructions in Criminal Cases and The Florida Bar be and they are authorized forthwith to publish and distribute the instructions submitted by the Committee, a copy of which is attached.
2. The Florida Rules of Criminal Procedure are hereby amended so as to include an additional rule, entitled Form 1.985 Standard Jury Instructions, which shall provide:
The forms of Florida Standard Jury Instructions in Criminal Cases published by The Florida Bar pursuant to authority of the Court may be used by the trial judges of this State in charging the jury in every criminal case to the extent that the forms are applicable, unless the trial judge shall determine that an applicable form of instruction is...
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