Florida Jury Instruction - Accomplice - Addictive Drugs - Immunity
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Valcin, set forth certain criteria for imposing evidentiary presumptions in the event of negligent or intentional destruction of hospital records, as follows: 1) If the hospital is unable to produce the records, the plaintiff must establish that the absence of the records hinders the plaintiff's ability to establish a ...
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.
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.
The instruction is as follows: "5.1(a), Legal cause generally: Negligence is a legal cause of (loss) (injury) (or) (damage) if it directly and in natural and continuous sequence has a substantial part in producing such (loss) (injury) (or) (damage)."
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.
Presumption of Innocence: The judge will instruct the jury that the defendant is presumed innocent until proven guilty beyond a reasonable doubt. They should not assume guilt but must consider all the evidence presented during the trial.
The judge reads the instructions to the jury. This is commonly referred to as the judge's charge to the jury. In giving the instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors.
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.
