Legal Question in Criminal Law in Florida

jury instructions and deliberation

Can the judge record the jury instructions and then allow the jury to take it in with the to deliberate?


Asked on 12/28/04, 12:25 pm

2 Answers from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: jury instructions and deliberation

Jury instructions come from a book of standard instructions which are read verbatim to the jury by the judge. In Florida, jurors receive a copy of whatever the judge read to them.

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Answered on 12/28/04, 1:18 pm
Richard Hornsby Richard E. Hornsby, P.A.

Re: jury instructions and deliberation

Florida Rule of Criminal Procedure 3.400 allows the judge to permit the jurors to take a copy of the jury instructions back with them during deliberations. However, this is discretionary, and the judge is not required to send a copy back. See Matire v. State, 232 So.2d 209 (Fla. 4th DCA 1970).

However, if you are specifically asking if an audio recording of the instructions may be sent back, I would say no, the rule does not contemplate an audio copy being sent back.

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Answered on 12/28/04, 2:06 pm


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