Judge’s Duty To Consider Non-Standard/Pattern Instructions (Florida)

“Using ‘standard jury instructions does not relieve the trial court of its obligation to determine whether the standard instructions accurately and adequately state the law.’ Id. If the trial court determines that the instruction is ‘erroneous or inadequate,’ the court may then modify the standard jury instruction as the "trial judge shall determine to be necessary to instruct the jury accurately and sufficiently. [Citation.]" Peters v. State, 33 So. 3d 812, 814 (Fla. Dist. Ct. App. 4th Dist., No. 4D08‑3299, 4/28/2010).

For subscription based briefing and sample instructions on this and related issues see:

Forecite NationalÔ

1.3 - The Inherent Limitation Of Pattern Instructions

1.4 - Proven Strategies For Successful Jury Instruction Advocacy Beyond The Pattern Instructions

Chapter 3: Duty Of Court Regarding Instructions

3.2.11 - Duty To Go Beyond Form Instructions

Forecite CaliforniaÔ

PG I(B) Duty Of Court To Go Beyond The Standard Pattern Instructions