Jury Instructions

OJI-CR 417.29  Preponderance of the evidence R.C. 2901.05(A)  1. AFFIRMATIVE DEFENSE; BURDEN.  OJI-CR 417.27. 2. DEFINED.  Preponderance of the evidence is the greater weight of the evidence; that is, evidence that you believe because it outweighs or overbalances in your minds the evidence opposed to it. 3. ADDITIONAL.  A preponderance means evidence that is more

OJI-CR 417.27  Affirmative defense R.C. 2901.05(C) 1. CLAIM.  The defendant is asserting an affirmative defense known as (describe affirmative defense.) 2. BURDEN.  The burden of going forward with the evidence of (describe defense) and the burden of proving an affirmative defense are upon the defendant.  He/she must establish such a defense by a preponderance of

FLJI 16.3 CHILD ABUSE (§ 827.03(1), Fla. Stat.) To prove the crime of Child Abuse, the State must prove the following two elements beyond a reasonable doubt: 1. (Defendant) knowingly or willfully: Give as applicable. 2. a. intentionally inflicted [physical][or] [mental] injury upon (victim). b. committed an intentional act that could reasonably be expected to result

FLJI 8.4 AGGRAVATED BATTERY (784.045, Fla. Stat.) To prove the crime of Aggravated Battery, the State must prove the following two elements beyond a reasonable doubt. The first element is a definition of battery. 1. (Defendant) [intentionally touched or struck (victim) against [his] [her] will]. [intentionally caused bodily harm to (victim)]. Give 2a or 2b as applicable.

8.2 AGGRAVATED ASSAULT (784.021 AGGRAVATED ASSAULT ) To prove the crime of Aggravated Assault, the State must prove the following four elements beyond a reasonable doubt. The first three elements define assault. 1. (Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim). 2. At the time, (defendant) appeared to

FLJI 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, or 2c depending upon allegations and proof. 2. a. (Defendant) intentionally committed an act or acts that caused the death of (victim). b. (Defendant)

FLJI 7.4 MURDER—SECOND DEGREE § 782.04(2), Fla.Stat.   To prove the crime of Second Degree 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 an unlawful killing of (victim) by an act imminently