Florida Jury Instruction - Second Degree Murder
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FAQ
Means of Execution: In January 2000, the Florida Legislature passed legislation that allows lethal injection as an alternative method of execution in Florida. Florida administers executions by lethal injection or electric chair at the execution chamber located at Florida State Prison.
The court may not impose a sentence of death unless each juror individually finds the defendant should be sentenced to death. Even when death is a possible sentence, each juror must decide based on his or her own moral assessment whether life imprisonment without the possibility of parole, or death, should be imposed.
The new law, which went into effect as soon as the governor signed it, allows capital punishment in Florida with a jury recommendation of at least 8-4 in favor of execution. Only three states out of the 27 that impose the death penalty do not require unanimity.
In most states, a death sentence may only be imposed by a jury in unanimous agreement. But in two recent cases, defendants faced the possibility of a death sentence despite the objections of jurors. Under Missouri law, a judge may impose a death sentence when the jury deadlocks in the penalty phase.
The parties submit jury instruction packets to the Court specific to their cases. Florida Supreme Court Standard Jury Instructions in Civil Cases (Google that!)
Meanwhile, Florida's Civil Jury Instruction Section 401.9, which can be applied to traffic regulations, holds that violation of certain statutes is considered evidence of negligence, though not necessarily conclusive evidence of negligence. Negligence of a common carrier.
Under sentencing guidelines Florida has a mandatory minimum sentence of 10 years of incarceration for a conviction of Second Degree Murder.
