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Last updated: 2/28/2006
3.8(e). Venue
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Description
3.8(e) VENUE It must be proved, only to a reasonable certainty, that [crime alleged] was committed [in this county] [within the areas of the counties named in the charge]. NOTE TO JUDGE: This charge should be given only when the defendant requests and there is an issue of fact in the evidence for the jury to resolve. NOTE TO JUDGE: These alternative instructions were drafted pursuant to the Florida Supreme Courts directive in Martinez v. State, 761 So. 2d 1074 (Fla. 2000). The jury instruction committee was directed to prepare a standard instruction but in the meantime these instructions are available to you. One of the following instructions should be given where a transcribed version of an audio-video tape is used as an aid to the jury and there is no stipulation as to its accuracy . . . . Id. at 1086.
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3.1. Introduction to Final Instructions
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3.3(a). Aggravation of a Felony by Carrying a Firearm
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3.3(b). Aggravation of a Felony by Carrying a Weapon other than a Firearm
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3.3(c). Aggravation of a Felony by Committing an Aggravated Battery
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3.3(d). Aggravation of a Felony by Possession of a Firearm or Destructive Device
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3.3(f). Aggravation of a Felony by Evidencing Prejudice
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3.4. When there are Lesser Included Crimes or Attempts
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3.5(a). Principals
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3.5(b). Principals - When Active Participant Hired by Defendant
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3.5(c). Accesssory After The Fact
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3.6(a). Insanity
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3.6(b). Insanity - Hallucinations
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3.6(c). Insanity - Psychotropic Medication
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3.6(d). Voluntary Intoxication
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3.6(f). Justifiable Use Of Deadly Force
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3.6(g). Justifiable Use Of Non Deadly Force
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3.6(h). Justifiable Use Of Force By Law Enforcement Officer
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3.6(i). Alibi
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3.6(j). Entrapment
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3.6(k). Duress Or Necessity
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3.6(l). Independent Act
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3.7. Plea Of Not Guilty; Reasonable Doubt; And Burden Of Proof
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3.8(a). Similar Fact Evidence
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3.8(b). Conviction Of Certain Crimes As Impeachment
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3.8(d). Date Of Crime
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3.8(e). Venue
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3.8(f). Tape Recording - Transcript
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3.9(a). Expert Witnesses
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3.9(b). Accomplice
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3.9(c). Defendant Testifying
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3.9(d). Defendant Not Testifying
Florida Jury Instructions/Criminal/03 Final Charge To The Jury/ -
3.9(e). Defendant's Statements
Florida Jury Instructions/Criminal/03 Final Charge To The Jury/ -
3.9. Weighing The Evidence
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