Posted by: birdsongslaw | November 18, 2008

Florida Jury Instructions for The Inchoate Crimes

Birdsong just received the Florida Jury instructions for the inchoate crimes of Attempt, Soliciatation and Conspiracy from Judge Eaton of Seminole county who visited our class last week.  Birdsong strongly “suggests” all members of his Criminal Law class look these  jury instructions over before taking the final exam.  They may help with your studying.

Florida Jury Instructions for the Inchoate Crimes of Attempt, Solicitation and Conspiracy

 

 

5.1 ATTEMPT TO COMMIT CRIME

§ 777.04(1), Fla.Stat.

 

            Use when attempt is charged or is a lesser included offense.

            [To prove the crime of Attempt to Commit (crime charged), the State must prove the following two elements beyond a reasonable doubt:]

 

            Use when necessary to define “attempt” as an element of another crime (such as felony murder).

            [In order to prove that the defendant attempted to commit the crime of (crime charged), the State must prove the following beyond a reasonable doubt:]

 

1.                  (Defendant) did some act toward committing the crime of (crime attempted) that went beyond just thinking or talking about it.

 

2.                  [He] [She] would have committed the crime except that

 

a.       [someone prevented [him] [her] from committing the crime of (crime charged).]

 

b.      [[he] [she] failed.]

 

            Defense. § 777.04(5)(a), Fla.Stat.

            It is not an attempt to commit (crime charged) if the defendant abandoned [his] [her] attempt to commit the offense or otherwise prevented its commission, under circumstances indicating a complete and voluntary renunciation of [his] [her] criminal purpose.

 

Lesser Included Offenses

 

            No lesser included offenses have been identified for this offense.

 

Comment

 

            This instruction was adopted in 1981 and was amended in 1989.

 

 

 

 

 

5.2 CRIMINAL SOLICITATION

§ 777.04(2), Fla.Stat.

 

            To prove the crime of Criminal Solicitation, the State must prove the following two elements beyond a reasonable doubt:

 

1.                  (Defendant) solicited (person alleged) to commit (offense solicited).

 

2.                  During the solicitation, (defendant)

 

[commanded]

[encouraged]

[hired]

[requested]

 

(person alleged) to engage in specific conduct, which would constitute the commission of (offense solicited) or an attempt to commit (offense solicited).

 

            It is not necessary that the defendant do any act in furtherance of the offense solicited.

 

            Define the crime solicited. If it is Burglary, also define crime that was object of the burglary. Also define “attempt” (see 5.1).

 

            Definition

            To “solicit” means to ask earnestly or to try to induce the person solicited to do the thing solicited.

 

            Defense. Give if applicable. § 777.04(5)(b), Fla.Stat.

            It is a defense to the charge of criminal solicitation if the defendant, after soliciting (person solicited) to commit the (offense solicited), persuaded (person solicited) not to do so, or otherwise prevented commission of the offense.

 

Lesser Included Offenses

 

            No lesser included offenses have been identified for this offense.

 

Comment

 

            This instruction was adopted in 1981.

 

 

5.3 CRIMINAL CONSPIRACY

§ 777.04(3), Fla.Stat.

 

            To prove the crime of Criminal Conspiracy, the State must prove the following two elements beyond a reasonable doubt:

 

1.                  The intent of (defendant) was that the offense of (object of conspiracy) would be committed.

 

If there is an issue as to whether the subject of the conspiracy was a crime, it may be necessary to define that crime.

 

2.                  In order to carry out the intent (defendant)

 

[agreed]

[conspired]

[combined]

[confederated]

 

            with (person[s] alleged) to cause (object of conspiracy) to be committed either by them, or one of them, or by some other person.

 

It is not necessary that the

 

[agreement]

[conspiracy]

[combination]

[confederation]

 

to commit (object of conspiracy) be expressed in any particular words or that words pass between the conspirators.

 

It is not necessary that the defendant do any act in furtherance of the offense conspired.

 

            Defense. § 777.04(5)(c), Fla.Stat.

            It is a defense to the charge of criminal conspiracy that (defendant), after conspiring with one or more persons to commit the (object of conspiracy), persuaded (person alleged) not to do so, or otherwise prevented commission of the (object of conspiracy).

 

Lesser Included Offenses

 

            No lesser included offenses have been identified for this offense.

 

Comment

 

            This instruction was adopted in 1981.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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