Opinion

In re Trial Courts of the Standard Jury Instructions in Criminal Cases

  • 431 So. 2d 594
  • 1981 Fla. LEXIS 2937
Court
Supreme Court of Florida
Filed
Apr 16, 1981
Status
Published
Author
Adkins
On the bench
Adkins, Alderman, Also, Boyd, Change, Doubt, Elimination, England, Except, Instruction, McDonald, Overton, Sundberg, Trial, Whim
Cited by
127 cases

Modified by In re Trial Courts of the Standard Jury Instructions in Criminal Cases, 1981 Fla. LEXIS 2938 (1981)

observing that "[t]he elimination of the current standard instruction on circumstantial evidence does not totally prohibit such an instruction if a trial judge, in his or her discretion, feels that such is necessary under the peculiar facts of a specific case," but that "the giving of proposed instructions on reasonable doubt and burden of proof ... renders an instruction on circumstantial evidence unnecessary"

How later courts described this case

  • observing that "[t]he elimination of the current standard instruction on circumstantial evidence does not totally prohibit such an instruction if a trial judge, in his or her discretion, feels that such is necessary under the peculiar facts of a specific case," but that "the giving of proposed instructions on reasonable doubt and burden of proof ... renders an instruction on circumstantial evidence unnecessary"
  • recognizing there could be improvement in the manner in which a case is presented to the jury on alternate theories of felony murder and premeditated murder and suggesting use of special verdict forms as a solution
  • rejecting the special standard for evaluating circumstantial evidence as “confusing and incorrect”
  • giving of reasonable doubt instruction renders instruction on circumstantial evidence unnecessary

Written by the judges who cited it.

The opinion

ADKINS, Justice,

concurs:

Also, I dissent to the proposed change in the instruction on reasonable doubt and the elimination of the instruction on circumstantial evidence except at the whim of the trial judge.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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