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Jurors in death cases to get new instructions

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The Associated Press

The Tampa Tribune

Published: October 31, 2009

TALLAHASSEE - The Florida Supreme Court revised standard jury instructions for death penalty cases Thursday in ways the justices hope will reduce widespread confusion among jurors disclosed by an American Bar Association survey.

An ABA team studying Florida's death penalty process three years ago found large percentages of jurors misunderstood the law and their role in deciding death cases.

About 35 percent didn't realize they could consider any evidence - not just examples cited in the instructions - that would mitigate against a death sentence. More than 36 percent wrongly believed they had to recommend death if they found a defendant's crime was "heinous, vile or depraved."

Also, 25 percent had the misconception they must recommend death if they thought a defendant would be a future danger to society. In reality, that is a factor they cannot consider.

The justices wrote in an unsigned unanimous opinion that such confusion was "a cause for concern."

The high court accepted recommendations from its steering and criminal jury instructions committees, including some also suggested by the ABA team.

"It is encouraging and certainly this is a step in the right direction," said ABA team member Mark Schlakman, senior program director at Florida State University's Center for the Advancement of Human Rights. "But there is more work to be done."

Besides revised jury instructions, the recommendations call for changes in state law, better legal representation for defendants and uniform criteria to help prosecutors decide which cases merit the death penalty.

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