Amendments to criminal jury instructions

first_img Give when 3b is alleged. See Faison v. State, 426 So. 2d 963 (Fla. 1983). In order to be kidnapping, the [confinement] [abduction] [imprisonment] a. must not be slight, inconsequential, or merely incidental to the (applicable felony) ; b. must not be of the kind inherent in the nature of the (applicable felony) ; and c. must have some significance independent of the (applicable felony) in that it makes the (applicable felony) substantially easier of commission or substantially lessens the risk of detection. Definition. Give if applicable. Bishop v. State, 46 So. 3d 75 (Fla. 5 th DCA 2010). “Secretly” means the defendant intended to isolate or insulate the victim from meaningful contact or meaningful communication with the public. Read only if confinement is alleged and victim is under 13 years of age. Confinement of a child under the age of 13 is against the child’s will if such confinement is without the consent of the child’s parent or legal guardian. If a violation of § 787.01(3), Fla. Stat. is charged, instruct as follows: If you find the defendant guilty of Kidnapping, you must also determine whether the State has proved the following aggravating circumstances beyond a reasonable doubt: 1. At the time of the Kidnapping, (victim) was under 13 years of age; and FALSE IMPRISONMENT — 787.02 CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. b. commit or facilitate the commission of (applicable felony) . IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—INSTRUCTIONS 9.1 and 9.2, CASE NO. SC14-2343 9.1 KIDNAPPING § 787.01, Fla._Stat. To prove the crime of Kidnapping, the State must prove the following three elements beyond a reasonable doubt: 1. (Defendant) [forcibly] [secretly] [by threat] [confined] [abducted] [imprisoned] c. inflict bodily harm upon or to terrorize (victim) or another person. 2. (Defendant) had no lawful authority to do so. 3. (Defendant) acted with intent to: Give 3a, 3b, 3c, or 3d as applicable. If 3b is given, define applicable felony. a. hold (victim) for ransom or reward or as a shield or hostage. [confined] [abducted] [imprisoned] [restrained] Attempt777.04(1)5.1 CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Assault784.0118.1 2. In the course of committing the Kidnapping, (defendant) committed [an Aggravated Child Abuse] [a Sexual Battery against (victim) ] [a Lewd or Lascivious Battery] [a Lewd or Lascivious Molestation] [a Lewd or Lascivious Conduct] [a Lewd or Lascivious Exhibition] [a Procuring a Child for Prostitution upon (victim) ] [a Forcing, Compelling, or Coercing Another to Become a Prostitute upon (victim) ] [an Exploitation of a Child upon (victim) ] [Human Trafficking for Commercial Sexual Activity in which [a Child under the Age of 18] [a Mentally Defective Person] [or] [a Mentally Incapacitated Person] was Involved] . Define applicable felony unless included in other instructions. Lesser Included Offenses Amendments to criminal jury instructions Attempt777.04(1)5.1 False imprisonment787.029.2 Amendments to criminal jury instructions 2. (Defendant) had no lawful authority to do so. Definition. Give if applicable. Bishop v. State, 46 So. 3d 75 (Fla. 5 th DCA 2010). “Secretly” means the defendant intended to isolate or insulate the victim from meaningful contact or meaningful communication with the public. Read only if confinement is alleged and victim is under 13 years of age. Confinement of a child under the age of 13 is against the child’s will if such confinement is without the consent of the child’s parent or legal guardian. If a violation of § 787.02(3), Fla. Stat. is charged, instruct as follows: If you find the defendant guilty of False Imprisonment, you must also determine whether the State has proved the following aggravating circumstances beyond a reasonable doubt: 1. At the time of the False Imprisonment, (victim) was under 13 years of age; and Battery784.038.3 KIDNAPPING — 787.01 Comments None Battery784.038.3 (victim) against [his] [her] will. d. interfere with the performance of any governmental or political function. February 15, 2015 Notices 2. In the course of committing the False Imprisonment, (defendant) committed [an Aggravated Child Abuse] [a Sexual Battery against (victim) ] [a Lewd or Lascivious Battery] [a Lewd or Lascivious Molestation] [a Lewd or Lascivious Conduct] [a Lewd or Lascivious Exhibition] [a Procuring a Child for Prostitution upon (victim) ] [a Forcing, Compelling, or Coercing Another to Become a Prostitute upon (victim) ] [an Exploitation of a Child upon (victim) ] [Human Trafficking for Commercial Sexual Activity in which [a Child under the Age of 18] [a Mentally Defective Person] [or] [a Mentally Incapacitated Person] was Involved] . Define applicable felony unless included in other instructions. Lesser Included Offenses Comments The Florida Supreme Court recently amended Standard Jury Instructions in Criminal Cases 9.1 and 9.2. See In re: Standard Jury Instructions in Criminal Cases – Instructions 9.1 and 9.2, No. SC14-2343 (Fla. Jan. 22, 2015). The Court amended the instructions upon the proposal of the Florida Supreme Court Committee on Standard Jury Instructions in Criminal Cases, in light of recent legislation. The court invites all interested persons to comment on the amendments, which are reproduced in full below, as well as online at http://www.floridasupremecourt.org/decisions/opinions.shtml. All comments must be filed with the court on or before March 23, 2015, with a certificate of service verifying that a copy has been served on the Criminal Instructions Committee Chair, Judge Jerri L. Collins, c/o Bart Schneider, Office of the General Counsel, 500 S. Duval Street, Tallahassee 32399-1925, [email protected] A separate request for oral argument should accompany the comment if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The chair has until April 13, 2015, to file a response to any comments filed with the Court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Portal in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb 18, 2013). If filed by a non-lawyer or a lawyer not licensed to practice in Florida, the comment must be electronically filed via e-mail in accordance with In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). Electronically filed documents must be submitted in Microsoft Word 97 or higher. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee 32399-1927; no additional copies are required or will be accepted. IN THE SUPREME COURT OF FLORIDA Assault784.0118.1 The Kidnapping statute does not exempt a parent from criminal liability for kidnapping his or her own child. See Davila v. State, 75 So. 3d 192 (Fla. 2011).This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985] , 2014, and 201 4 5. 9.2 FALSE IMPRISONMENT § 787.02, Fla._Stat. To prove the crime of False Imprisonment, the State must prove the following two elements beyond a reasonable doubt: 1. (Defendant) [forcibly] [secretly] [by threat] Aggravated assault784.0218.2 (victim) against [his] [her] will. The Faison test for determining whether a particular confinement or movement during the commission of another crime constitutes kidnapping, does not apply to false imprisonment. Sanders v. State, 905 So. 2d 271 (Fla. 2d DCA 2005).This instruction was adopted in 1981 and was amended in 1985 [477 So. 2d 985], 1998 [723 So. 2d 123], 2014, and 201 4 5.last_img read more

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Body of missing Trinidadian child discovered inside barrel

first_imgNewsRegional Body of missing Trinidadian child discovered inside barrel by: – November 29, 2013 Tweet 728 Views   2 comments Sharing is caring! Sharecenter_img Share Share BODY REMOVED: Crime scene officers remove the body of Keyana Cumberbatch (inset), who was found dead inside a barrel (photo at right) in her mother’s apartment at Building 4, Maloney Gardens, yesterday. Keyana had been missing since Monday. —Photos: ISHMAEL SALANDYTHE four-day search for six-year-old Keyana Cumberbatch of Trinidad ended where it began.The girl’s body was found stuffed in a barrel and covered with clothing in one of the bedrooms of her Maloney home yesterday afternoon.The gruesome discovery created more questions than answers for police and residents of the area, who questioned how the child’s body could have been hidden in the apartment for so many days without any of her family members becoming aware.Scores of Maloney Gardens residents, who lined the street, erupted in anger and called for justice.Some threatened vengeance as word spread that Keyana’s body had been found. They promised to carry out protest action if the person responsible for killing the child was not arrested and prosecuted. “Bring him here. Let him go here and we will deal with him in the right way. Allyuh feel Laventille people bad? Bring him here and let him go,” they shouted. Nearby, a group of young children stood singing gospel songs.It was the scent of decomposing flesh that alerted the girl’s mother, Simone Williams, 27, to the terrible possibility that her eldest daughter’s body may have been inside her Building Four apartment all along, said police.She had been missing since Monday evening, after returning home from St Barbara’s Shouter Baptist Primary School, where she was a second-year pupil.It was shortly after 3 p.m. yesterday that Williams told officers of the Maloney Police Post that there was a stench in her apartment.When they arrived at the apartment, officers carried out a search and found the girl’s partially-decomposed body in the barrel.Head of the Homicide Bureau of Investigations ACP Wayne Dick told the Express Keyana’s autopsy will be performed this morning at the Forensic Science Centre, Federation Park, St James.Williams was escorted out of the area to an unknown location by police shortly after the discovery was made. Several other people were taken into custody for questioning, Dick confirmed.The child’s father, Kevon Cumberbatch, had to be consoled by police officers at the scene, as he occasionally broke down in tears.He spoke briefly to reporters, asking who was going to fill the space left in his heart which had been reserved for his daughter.“I can’t say much more, I will speak with you tomorrow,” he said.Crime scene detectives spent more than four hours inside the apartment searching for clues and processing the scene. And when Keyana’s body was eventually removed at 7.27 p.m., the shouts of the residents grew louder.Expletives and threats were directed at the person who they believe killed the child. A male relative of the girl has been in police custody since Tuesday afternoon.He was arrested after residents reported to police that he was the last person to be seen with the girl prior to her disappearance.Keyana’s mother reported to police that her daughter would usually go to her grandmother’s apartment across the roadway every evening after returning home from school.However, on Monday, she did not show up. The suspect told police he had walked the girl to the building where her grandmother’s apartment was located and saw her enter the building, investigators said.Shortly after she was reported missing, police visited the area with sniffer dogs in an attempt to find the child.The apartment and the surrounding areas were searched, but police did not find the child. This led to further questions being asked by residents yesterday. “How the police search the apartment with dogs and could not find this child?” they asked.Questioned about this, Dick said it was difficult to say if the body had been at that location since Monday or if it had been placed there sometime later.“What we do know is that she went missing on Monday. What we do know is that she was found today. What we also know is that this is a very busy area. It’s an area that almost never sleeps. What we also know is that several family members had free and consistent access to this apartment, so it is difficult to suggest that the body may have been placed there after,” said Dick.Dick said he was sympathetic towards the residents and also the child’s family over their loss. However, he urged the residents to operate within the law and allow homicide detectives to carry out their investigations.“I am aware of the pain of the residents. They hurl statements in terms of revenge, in terms of getting back at whoever may be responsible. I say to them, allow the process to take place. Homicide is involved, we are going to see this through, we are going to deal with it in a very professional way.“Allow us to conduct a thorough investigation. There is a God. There is a God and this is a child and the Homicide Bureau does not work without these two things in mind. This is a child and there is a God, so we can well understand why members of the community are so enraged, because she’s a child, but we have faith in God,” he said.He added that detectives would be working around the clock to ensure the person responsible for murdering the girl was arrested and prosecuted.“Like I said, there is a God, so I am confident that this crime will soon be solved,” said Dick.Keyana’s killing brought the murder toll for the year to date to 353, according to an Express count.It was the second time in little over a week that a child has been found dead.Last Wednesday, police investigating the disappearance of one-year-old Jacob Munroe from his Maracas Valley, St Joseph home found the baby’s body in a cesspit in the yard of the family residence.Trinidad Expresslast_img read more

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