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Notice: Proposed jury instruction on culpable negligence


Notice: Proposed jury instruction on culpable negligence

    THE SUPREME COURT COMMITTEE ON STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES submits the following amended instruction to the Florida Standard Jury Instructions in Criminal Cases for comment. The Committee proposes to amend the following instruction:

    8.9 Culpable Negligence

    The Committee invites all interested persons to comment on the proposal, reproduced in full below. Comments must be received by the Committee in both hard copy and electronic format on or before Monday, July 30, 2007. The Committee will review all comments received in response to the above proposals at its next meeting and will consider amendments based upon the comments received. Upon the approval of an instruction, the Committee will make a final recommendation to the Florida Supreme Court.

    Please file your comments electronically to
    [email protected], in the format of an MSWord document. In addition, mail a hard copy of your comments to: The Honorable Terrell D. Terrell Chair, Standard Jury Instructions Committee in Criminal Cases c/o Mr. Les Garringer, General Counsel’s Office Office of the State Courts Administrator 500 S. Duval Street Tallahassee, Florida 32399-1900.

    § 784.05, Fla.Stat.

    To prove the crime of Culpable Negligence, the State must prove the following two elements beyond a reasonable doubt:
    Give 1a or 1b as applicable.
    1. (Defendant)

        Give 1a or 1b as applicable.

    a. [exposed (victim) to personal injury].
    b. [inflicted actual personal injury on (victim) ].
    2. [He] [She] did so through culpable negligence.
    Give if 1a alleged.
    Actual injury is not required.
    Definition .
    I will now define “culpable negligence” for you. Each of us has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. But culpable negligence is more than a failure to use ordinary care toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a gross ly careless disregard for the safety and welfare of the public, another person or persons. or such an indifference to the rights of others as is equivalent to an intentional violation of such rights.

    The negligent act or omission must have been committed with an utter disregard for the safety of others. Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury.

    Lesser Included Offenses
    Culpable negligence 784.05(1) 8.9

    This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985] and 2007.

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