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In re Amendments to Standard Jury Instructions in Criminal Cases—Instruction 7.7
75 So. 3d 210
| Fla. | 2011
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Background

  • 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)
Read the full case

Case Details

Case Name: In re Amendments to Standard Jury Instructions in Criminal Cases—Instruction 7.7
Court Name: Supreme Court of Florida
Date Published: Oct 13, 2011
Citation: 75 So. 3d 210
Docket Number: No. SC10-113
Court Abbreviation: Fla.