IN RE FLORIDA RULES OF CRIMINAL PROCEDURE-RULE 3.400, MATERIAL TO THE JURY ROOM
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The Florida Supreme Court promulgated proposed amendments to Rule 3.400 governing materials permitted in the jury room, making written jury instructions mandatory in capital cases and clarifying discretionary materials in noncapital cases.
The Court proposed amendments to Rule 3.400 making written copies of all jury instructions mandatory in capital cases and clarifying discretionary materials available to juries in noncapital cases.
[1] In capital criminal cases, the trial court must provide the jury with a written copy of all jury instructions to take to the jury room during deliberations.
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Join FLexlaw to unlock all legal intelligenceThe Florida Supreme Court, acting on its own motion, considered changes to Rule 3.400 regarding materials jurors may take to the jury room during deli…
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PER CURIAM.
This Court, on its own motion, hereby promulgates the following proposed changes to Florida Rule of Criminal Procedure 3.400, Materials to the Jury Room:
(a) Discretionary Materials. The court may permit the jury, upon retiring for deliberation, to take to the jury room:
(la) a copy of the charges against the defendant;
(2b) forms of verdict approved by the court, after being first submitted to counsel;
(3e) in noncapital cases, any instructions given}, but if any instruction is taken all the instructions shall be taken;
(4d) all things received in evidence other than depositions. If the thing received in evidence is a public record or a private document which, in the opinion of the court, ought not to be taken from the person having it in custody, a copy shall be taken or sent instead of the original.
(b) Mandatory Materials. In capital cases, the court must provide the jury, upon retiring for deliberation, with a written copy of all instructions given to take to the jury room.
The Clerk of this Court is hereby directed to notify all interested parties of this proceeding and to publish notification of this proposed rule change in The Florida Bar News. Responses received within thirty days from the date of publication of the notice in The Florida Bar News will be considered by this Court in its final determination as to an appropriate rule to address this issue.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING and ANSTEAD, JJ., concur. WELLS, J., dissents.