Florida Jury Instruction - Controlled Substances - Continuing Criminal Enterprise - Murder
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FAQ
Florida standard jury instruction 3.6(g) provides as follows: An issue in this case is whether the defendant acted in self-defense. It is a defense to the offense with which the defendant is charged if the [death of][injury to] the victim resulted from the justifiable use of non-deadly force.
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.
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.
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.
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.
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.
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.