Nali87
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The prosecution will rest tomorrow. Based on all you've heard, do you think Casey is guilty or not guilty?
Let's pretend shall we?
HERE ARE THE JURY INSTRUCTIONS:
When there will be instructions on both premeditated and felony murder, the following explanatory paragraph should be read to the jury.
There are two ways in which a person may be convicted of first degree murder. One is known as premeditated murder and the other is known as felony murder.
To prove the crime of First Degree Premeditated Murder, the State must prove the following three elements beyond a reasonable doubt:
1. (Victim) is dead.
2. The death was caused by the criminal act of (defendant).
3. There was a premeditated killing of (victim).
Definitions.
An “act” includes a series of related actions arising from and performed pursuant to a single design or purpose.
“Killing with premeditation” is killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the killing.
The question of premeditation is a question of fact to be determined by you from the evidence. It will be sufficient proof of premeditation if the circumstances of the killing and the conduct of the accused convince you beyond a reasonable doubt of the existence of premeditation at the time of the killing.
To prove the crime of First Degree Felony Murder, the State must prove the following three elements beyond a reasonable doubt:
1. (Victim) is dead.
Give 2a, 2b, or 2c as applicable.
2.
a. [The death occurred as a consequence of and while (defendant) was engaged in the commission of (crime alleged).]
b. [The death occurred as a consequence of and while (defendant) was attempting to commit (crime alleged).]
c. [The death occurred as a consequence of and while (defendant), or an accomplice, was escaping from the immediate scene of (crime alleged).]
Give 3a if defendant actual perpetrator.
3. a. [(Defendant) was the person who actually killed (victim).]
In order to convict of First Degree Felony Murder, it is not necessary for the State to prove that the defendant had a premeditated design or intent to kill.
P.S IN THIS CASE: Aggravated child abuse.
http://www.floridabar.org/DIVCOM/JN...9829d8cfcf983df58525775a00745ee9!OpenDocument
Let's pretend shall we?
HERE ARE THE JURY INSTRUCTIONS:
When there will be instructions on both premeditated and felony murder, the following explanatory paragraph should be read to the jury.
There are two ways in which a person may be convicted of first degree murder. One is known as premeditated murder and the other is known as felony murder.
To prove the crime of First Degree Premeditated Murder, the State must prove the following three elements beyond a reasonable doubt:
1. (Victim) is dead.
2. The death was caused by the criminal act of (defendant).
3. There was a premeditated killing of (victim).
Definitions.
An “act” includes a series of related actions arising from and performed pursuant to a single design or purpose.
“Killing with premeditation” is killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the killing.
The question of premeditation is a question of fact to be determined by you from the evidence. It will be sufficient proof of premeditation if the circumstances of the killing and the conduct of the accused convince you beyond a reasonable doubt of the existence of premeditation at the time of the killing.
To prove the crime of First Degree Felony Murder, the State must prove the following three elements beyond a reasonable doubt:
1. (Victim) is dead.
Give 2a, 2b, or 2c as applicable.
2.
a. [The death occurred as a consequence of and while (defendant) was engaged in the commission of (crime alleged).]
b. [The death occurred as a consequence of and while (defendant) was attempting to commit (crime alleged).]
c. [The death occurred as a consequence of and while (defendant), or an accomplice, was escaping from the immediate scene of (crime alleged).]
Give 3a if defendant actual perpetrator.
3. a. [(Defendant) was the person who actually killed (victim).]
In order to convict of First Degree Felony Murder, it is not necessary for the State to prove that the defendant had a premeditated design or intent to kill.
P.S IN THIS CASE: Aggravated child abuse.
http://www.floridabar.org/DIVCOM/JN...9829d8cfcf983df58525775a00745ee9!OpenDocument