FL Standard Jury Instructions in Criminal Cases 7.7

7.7 MANSLAUGHTER § 782.07, Fla. Stat.

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

1.(Victim) is dead.

Give 2a, 2b, and/or 2c depending upon allegations and proof.

2.

a.(Defendant) intentionally committed an act or acts that caused the death of (victim).

b.(Defendant) intentionally procured an act that caused the death of (victim).

c.The death of (victim) was caused by the culpable negligence of (defendant).

It is fundamental error not to instruct on justifiable and excusable homicide in the absence of an express concession that the homicide was not excusable or justified. See State v. Spencer, 216 So. 3d 481 (Fla. 2017).

Every person 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. The defendant cannot be guilty of Manslaughter by committing a merely negligent act or if the killing was either justifiable or excusable homicide, as I have previously instructed you. (The explanations of justifiable homicide and excusable homicide are in Instruction 7.1, Introduction to Homicide.)

In order to convict of Manslaughter by act, it is not necessary for the State to prove that the defendant had an intent to cause death, only an intent to commit an act that was not merely negligent, justified, or excusable and which caused death.

Give only if 2b is applicable.

To “procure” means to persuade, induce, prevail upon or cause a person to do something.

Give only if 2c is applicable.

I will now define “culpable negligence” for you. As I have said, every person 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 grossly careless disregard for the safety and welfare of the public, 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.

1 FL Standard Jury Instructions in Criminal Cases 7.7 (2018)