In re Amendments to Standard Jury Instructions in Criminal Cases—Instruction 7.7
75 So. 3d 210
| Fla. | 2011Background
- Florida Supreme Court on its own motion amended Manslaughter instruction 7.7, clarifying it requires an intentional act not constituting negligence.
- Amendment followed public comment, Committee review, and oral argument.
- Instruction 7.7 now authorizes publication for use; new language shown by underlining, deletions struck through.
- Court cautions that Committee comments reflect their views and do not bind the Court or foreclose other instructions.
- Appendix contains the full text of the amended 7.7 Manslaughter instruction and defined terms for elderly/disabled victims and designated personnel.
- Instruction has a long history of amendments since 1981 and is effective immediately.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the amendment clarify that manslaughter requires an intentional act, not merely negligence? | Committee comments support the clarification. | Bar comments and opposition may dispute correctness. | Yes; amendment clarifies intentional act requirement. |
| Should instruction 7.7 be authorized for publication and immediate use? | Public comment process supports publication. | Requires cautious adoption and potential further review. | Authorized for publication and use immediately. |
| Are accompanying comments by the Committee binding on the Court? | Comments reflect Committee view, not Court's stance. | Comments may influence but not determine correctness. | Comments are non-binding reflections of Committee. |
| Should causation and transferred intent considerations be included in manslaughter instruction? | Trial instructions may require causation/transfer considerations in appropriate cases. | Extra instructions optional and case-specific. | Reflects guidance to consider, not mandatory inclusion in all cases. |
| Is a transferred-intent or causation instruction needed where causation is an issue? | Eversley v. State suggests careful causation instruction may be needed. | Not always necessary; depends on case. | Judicially noted as a potential consideration in trials with causation issues. |
Key Cases Cited
- Hedges v. State, 172 So.2d 824 (Fla.1965) (relevance of causation and related instructional duties in manslaughter)
- Eversley v. State, 748 So.2d 963 (Fla.1999) (causation issues may require special jury instruction)
