Florida Jury Instruction - 2.1 With Defenses Of Misuse And Assumption Of Risk
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FAQ
Yes. In a criminal offense trial, all 12 jurors must agree on a judgment, whether it is a guilty verdict or otherwise, to reach a unanimous decision. If the jurors are unable to reach a unanimous verdict, the trial may result in a hung jury. Even if only one juror disagrees, a hung jury may occur.
Six or twelve people, and alternates, make up a criminal jury. A unanimous decision must be reached before a defendant is found ?guilty.? The State of Florida must prove the crime was committed ?beyond a reasonable doubt.?
?Clear and convincing evidence? is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.
A reasonable doubt as to the guilt of the defendant may arise from the evidence, conflict in the evidence, or the lack of evidence. If you have a reasonable doubt, you should find the defendant not guilty. If you have no reasonable doubt, you should find the defendant guilty.
Florida juries can now send someone to death row with an 8-4 vote. Florida Gov. Ron DeSantis signed a bill Thursday ending a unanimous jury requirement in death penalty sentencing, a response to a verdict that spared the life of a school shooter who killed 17 people.
Under the new law, jurors need to unanimously agree on a person's guilt and must unanimously agree that at least one aggravating factor was present that would qualify a person for death penalty sentence, but only 8 jurors would need to agree to recommend a death sentence. Rep.
Assumption of risk: whether (claimant) knew of the existence of the danger complained of; realized and appreciated the possibility of injury as a result of such danger; and, having a reasonable opportunity to avoid it, voluntarily and deliberately exposed [himself] [herself] to such danger.
Under the new law, jurors need to unanimously agree on a person's guilt and must unanimously agree that at least one aggravating factor was present that would qualify a person for death penalty sentence, but only 8 jurors would need to agree to recommend a death sentence. Rep.