Florida Jury Instruction - Intentional Violation Of A Known Legal Duty - As Proof Of Willfulness
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FAQ
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.
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.
A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt. Such a doubt must not influence you to return a verdict of not guilty if you have an abiding conviction of guilt.
Every person who is charged with a crime enjoys certain Constitutional rights. One of those rights is the right to be presumed innocent until they are proven guilty in a court of law, using the standard of ?beyond a reasonable doubt?.
Mere presence at the scene of a crime or mere knowledge that a crime is being committed is not sufficient to establish that the defendant committed the crime of [specify crime charged]. The defendant must be a participant and not merely a knowing spectator.
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.
In relevant part, Florida's Standard Jury Instruction on the Justified Use of Deadly Force reads: It is a defense to the crime[s] of (name[s] of relevant crime[s], including lesser-included offenses) if the actions of (defendant) constituted the justifiable [use] [or] [threatened use] of deadly force.