Broadening horizons: the unnecessary limitations of Florida's collateral crimes jury instructions.

AuthorSill, Kyle B.

F.S. [section][section]90.404(2)(a) and (b) (2012) permit--very broadly--the use of "other crimes, wrongs, or acts"--colloquially referred to as Williams rule evidence or collateral crimes evidence. (1) The only exclusion to admission under subsection (a) is when "the evidence is relevant solely to prove bad character or propensity." (2) Subsection (b) goes even further in cases of child molestation, in which evidence of "other crimes, wrongs, or acts of child molestation is admissible and may be considered for its bearing on any matter to which it is relevant." (3) Contrary to this mandate, however, Standard Instructions (Criminal) 2.4 and 3.8(a), which detail the admissibility of collateral crimes evidence, (4) unnecessarily limit the broad reach of the statutory language. Accordingly, prosecutors would be wise to seek a special instruction that better encompasses the full breadth of the statutory language, and the jury instruction committee should seek to amend the instructions to coincide better with current law.

Standard Jury Instructions

The Florida Supreme Court established a jury instructions committee in 1962. As a result of its work came the Florida Standard Jury Instructions and later the Florida Standard Jury Instructions in Criminal Cases. (5) The goal is simple: to explain the law accurately and in a manner that can be understood by lay jurors. (6) While the goal is simple, the process to achieve this goal, on the other hand, is detailed, arduous, and time-consuming. (7) A 32-member committee (8) comprised of attorneys and judges must meet, research, discuss, come to a consensus, and draft. (9) Then, the committee's proposed instruction is published for review and comment by the Bar, with final approval and publication being the province of the Florida Supreme Court. (10)

With this amount of labor invested in standard instructions, it is no wonder courts do, and sometimes must, look to the standard instructions first. (11) However, the "Catch-22" of the extensive time and labor is that "committees do not have the ability to immediately provide or update instructions on demand, nor do the standard instructions purport to cover all cases or crimes." (12) Accordingly, sometimes a standard instruction is out-of-date, inadequate, or improper for a given case or circumstance. (13) In these situations, counsel may request a special instruction--one that would more fully and accurately instruct the jury on the law. (14) Similarly, even when a standard instruction is accurate, counsel may request a special instruction. It is an abuse of discretion for a judge not to give the requested instruction when it is 1) an accurate statement of the law; 2) supported by the facts; and 3) necessary for the jury's resolution of the issues. (15)

Relevant Language

* Statute--F.S. [section]90.404 (2012) provides, in pertinent part, as follows:

(2) Other crimes, wrongs, or acts.--

(a) Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity.

(b) 1. In a criminal case in which the defendant is charged with a crime involving child molestation, evidence of the defendant's commission of other crimes, wrongs, or acts of child molestation is admissible and may be considered for its bearing on any matter to which it is relevant. (16)

* Jury Instructions--Standard Jury Instruction 2.4 is used before the collateral crimes evidence is admitted:

The evidence you are about to receive concerning evidence of other crimes, wrongs, or acts allegedly committed by the defendant will be considered by you for the limited purpose of proving [motive] [opportunity] [intent] [preparation] [plan] [knowledge] [identity][the absence of mistake or accident] on the part of the defendant and you shall consider it only as it relates to [that] [those] issue[s].

However, the defendant is not on trial for a crime, wrong, or act that is not included in the [information] [indictment]. (17)

On the other hand, Standard Jury Instruction 3.8(a) is used at the conclusion of the case:

The evidence which has been admitted to show other crimes, wrongs, or acts allegedly committed by the defendant will be considered by you only as that evidence relates to proof of [motive] [opportunity] [intent] [preparation] [plan] [knowledge] [identity] [the absence of mistake or accident] on the part of the defendant.

The defendant cannot be convicted for a crime, wrong, or act that is not included in the [information] [indictment]. (18)

If the collateral evidence will be presented, the trial court must, if requested, charge the jury on the limited purpose for which the evidence is received and is to be considered. (19)

Analysis

* Application Under F.S. [section]90.404(2) (a): All Criminal Cases--Section 90.404(a) mandates that collateral crimes evidence will not...

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