Florida Jury Instruction — Preliminary Instructions Before Opening Statements — Short Form is a set of instructional guidelines that are given to jurors by the judge before the opening statements in a trial. These instructions aim to provide jurors with essential information regarding the trial process and their role as jurors. By using this short form of instructions, the judge ensures that jurors have a clear understanding of their responsibilities and expectations. Key points covered in the Florida Jury Instruction — Preliminary Instructions Before Opening Statements — Short Form include: 1. Jury Duty: Explains that the individuals selected as jurors are essential for the administration of justice. Emphasizes the importance of their impartiality, attentiveness, and willingness to follow instructions. 2. Presumption of Innocence: Informs jurors about the fundamental principle that the defendant is presumed innocent until proven guilty beyond a reasonable doubt. Encourages jurors to apply this presumption throughout the trial. 3. Burden of Proof: Explains that the burden of proof rests upon the prosecution to prove the defendant's guilt. Instructs jurors to wait until the end of the trial before making any conclusions or judgments. 4. Credibility of Witnesses: Discusses the concept of witness credibility and highlights that jurors should carefully evaluate the witnesses' testimony. Encourages jurors to consider factors such as the witness's demeanor, consistency, and any potential biases. 5. Note-Taking: Advises jurors that they are allowed to take notes during the trial to help them remember the evidence and arguments presented. Clarifies that these notes should be used as an aid to their memory and should not replace their independent recollection of the trial. 6. Opening Statements: Details that the opening statements by the attorneys are not evidence themselves but rather serve as a preview of what each side expects the evidence will show. Instructs jurors to reserve judgment until they have heard all the evidence presented during the trial. 7. Legal Instructions: Informs jurors that they will receive legal instructions at the end of the trial, which will guide them in applying the law to the evidence presented. Explains that they should not attempt to interpret or apply the law on their own during the course of the trial. Different types of Florida Jury Instruction — Preliminary Instructions Before Opening Statements — Short Form may vary based on the specific charges, complexity of the case, or the judge's preferences. However, the basic principles and key points remain consistent. It is crucial for jurors to pay close attention and understand these instructions, as they form the foundation for their participation in the trial and the fair administration of justice.
Florida Jury Instruction - Preliminary Instructions Before Opening Statements - Short Form
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FAQ
Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
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)."
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.
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.
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.
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.