Florida Jury Instruction - 11.11.1 General Instruction
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PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
An instruction regarding judicial notice should be given at the time notice is taken. In a civil case, the Federal Rules of Evidence permit the judge to determine that a fact is sufficiently undisputed to be judicially noticed and requires that the jury be instructed that it is required to accept that fact. Fed.
Florida Standard Jury Instruction 3.6(k) provides as follows: An issue in this case is whether the defendant acted out of duress in committing the crime of ( crime charged). It is a defense to ( crime charged) if the defendant acted out of duress.
90.206 Instructing jury on judicial notice. ?The court may instruct the jury during the trial to accept as a fact a matter judicially noticed.
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well-known, or so authoritatively attested, that it cannot reasonably be doubted.
The court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions.
Section 90.201, Florida Statutes, lists matters that a court must take judicial notice of, including: 1. Decisional, constitutional, and public statutory law and resolutions of the Florida Legislature and the Congress of the United States.