Proposed jury instructions for criminal cases

first_img Comment Committee Note: A candidate for public office or a person who has been elected but has yet to officially assume the responsibilities of public office does not qualify as a public servant. Clement v. State , 895 So. 2d 446 (Fla. 2 nd DCA 2005). This instruction was adopted in 2013. 26.9 MONEY LAUNDERING § 896.101(3)(a), (3)(b), or (3)(c) Fla. Stat. Give if Fla. Stat. § 896.101(3)(a) is charged: To prove the crime of Money Laundering, the State must prove the following four elements beyond a reasonable doubt: 1. (Defendant) [ conducted] [attempted to conduct] a financial transaction. 2. The money or property involved in the financial transaction represented the proceeds of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) . 3. (Defendant) knew the money or property involved in the financial transaction represented the proceeds of some form of unlawful activity. Give 4a and/or 4b as applicable. 4. a. (Defendant) did so with the intent to promote the carrying on of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) . b. (Defendant) knew that the transaction was designed in whole or in part 1. to [conceal] [disguise] the [nature] [location] [source] [ownership] [control] of the proceeds of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) ; [or] CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. None Give if Fla. Stat. § 896.101(3)(b) is charged: To prove the crime of Money Laundering, the State must prove the following two elements beyond a reasonable doubt: 1. (Defendant) [transported] [attempted to transport] [a monetary instrument] [funds]. Give 2a and/or 2b as applicable. 2. a. (Defendant) did so with the intent to promote the carrying on of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) ; [or] b. (Defendant) knew that the [monetary instrument] [funds] involved in the transportation represented the proceeds of some form of unlawful activity and also knew that such transportation was designed in whole or in part 1. [to conceal] [to disguise] the [nature] [location] [source] [ownership] [control] of the proceeds of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) ; [or] 2. to avoid a [transaction reporting requirement] [money transmitters’ registration requirement] under state law. c. avoid a transaction reporting requirement under state law. Give if applicable. Fla. Stat. § 896.101(4). It is not a defense to Money Laundering that: (a) Any stratagem or deception, including the use of an undercover operative or law enforcement officer, was employed. (b) A facility or an opportunity to engage in conduct in violation of this act was provided. (c) A law enforcement officer, or person acting under direction of a law enforcement officer, solicited a person predisposed to engage in conduct in violation of any provision of this chapter to commit a violation of this chapter in order to gain evidence against that person, provided such solicitation would not induce an ordinary law-abiding person to violate this law. Note to Judge: This subsection does not preclude the defense of entrapment. See jury instruction 3.6(j). Definitions. Fla. Stats. § 896.101(2)(a), § 896.101(2)(g). “Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity” means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under state or federal law, regardless of whether such activity is (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) . A “felony” is a crime punishable by death or imprisonment in excess of one year. (Name of crime) is a felony. Fla. Stat. § 896.101(2)(b). “Conducts” includes initiating, concluding, or participating in initiating or concluding a transaction. Fla. Stat. § 896.101(2)(c). “Transaction” means a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, use of a safety deposit box, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected. Fla. Stat. § 896.101(2)(d). “Financial transaction” means a transaction involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects commerce, or a transaction involving the transfer of title to any real property, vehicle, vessel, or aircraft, or a transaction involving the use of a financial institution which is engaged in, or the activities of which affect, commerce in any way or degree. Fla. Stat. § 896.101(2)(f). “Financial institution” means [an insured bank] [a commercial bank or trust company] [a private banker] [an agency or branch of a foreign bank] [a credit union] [a thrift institution] [a broker or dealer in securities or commodities] [an investment banker or investment company] [a currency exchange] [an operator of a credit card system] [an insurance company] [a dealer in precious metals, stones, or jewels] [a pawnbroker] [a loan or finance company] [a travel agency] [a telegraph company] [the United States Postal Service][ (list one of the other institutions enumerated in 31 U.S.C. s. 5312) ], that is located in Florida. Fla. Stat. § 896.101(2)(e). “Monetary instruments” means coin or currency of the United States or of any other country, travelers’ checks, personal checks, bank checks, money orders, investment securities in bearer form or otherwise in such form that title thereto passes upon delivery, and negotiable instruments in bearer form or otherwise in such form that title thereto passes upon delivery. Fla. Stat. § 896.101(2)(h). “Knowing” means that a person knew; or, with respect to any transaction or transportation involving more than $10,000 in U.S. currency or foreign equivalent, should have known after reasonable inquiry, unless the person has a duty to file a federal currency transaction report, IRS Form 8300, or a like report under state law and has complied with that reporting requirement in accordance with law. Fla. Stat. § 896.101(3)(d). “Investigative or law enforcement officer” means any officer of the State of Florida or political subdivision thereof, of the United States, or of any other state or political subdivision thereof, who is empowered by law to conduct, on behalf of the government, investigations of, or to make arrests for, offenses enumerated in this subsection or similar federal offenses. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2013. OFFICIAL MISCONDUCT – 838.022 Proposed jury instructions for criminal cases Fla. Stat. § 838.022(2)(b). “Official Record” or “Official Document” includes only public records. Fla. Stat. § 119.011(12). “Public Records” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Give if applicable. Fla. Stat. § 775.08(1). “Felony” means any criminal offense punishable by death or imprisonment in excess of one year. Lesser Included Offenses center_img 3. (Defendant) did so with corrupt intent to [obtain a benefit for a person] [cause harm to another]. Definitions. Fla. Stat. 838.014(1). “Benefit” means gain or advantage or anything regarded by the person to be benefited as a gain or advantage, including the doing of an act beneficial to any person in whose welfare he or she is interested, including any commission, gift, gratuity, property, commercial interest, or any other thing of economic value not authorized by law. Fla. Stat. § 838.014(4). “With corrupt intent” means acting knowingly and dishonestly for a wrongful purpose. Fla. Stat. § 838.014(5). “Harm” means pecuniary or other loss, disadvantage, or injury to the person affected. Fla. Stat. § 838.014(6). “Public Servant” means: a. Any officer or employee of any state, county, municipal or special district agency or entity; b. Any legislative or judicial officer or employee;c. Any person, except a witness, who acts as a general or special magistrate, receiver, auditor, arbitrator, umpire, referee, consultant,or hearing officer while performing a governmental function. a. [falsified] [caused another person to falsify] an [official record] [official document]. b. [concealed] [covered up] [destroyed] [mutilated] [altered] an [official record] [official document] [or caused another person to perform such an act].c. [obstructed][delayed][prevented] the communication of information relating to the commission of a felony that directly involved or affected the public [agency] [entity] served by (defendant). September 15, 2012 Regular News Proposed jury instructions for criminal cases The Supreme Court Committee on Standard Jury Instructions in Criminal Cases submits the following amended and new instructions to the Florida Standard Jury Instructions in Criminal Cases for comment. The committee proposes the following instructions: 19.7 OFFICIAL MISCONDUCT 26.9 MONEY LAUNDERING The committee invites all interested persons to comment on the proposals, reproduced in full below. Comments must be received by the committee in both hard copy and electronic format on or before October 15. The committee will review all comments received in response to the above proposal at its next meeting and will consider amendments based upon the comments received. Upon final approval of the instruction, the committee will make a recommendation to the Florida Supreme Court. File your comments electronically to [email protected], in the format of a Word document. In addition, mail a hard copy of your comments to Standard Jury Instructions Committee in Criminal Cases, c/o Bart Schneider, General Counsel’s Office, Office of the State Courts Administrator, 500 S. Duval Street, Tallahassee 32399-1900. 19.7 OFFICIAL MISCONDUCT § 838.022, Fla. Stat. To prove the crime of Official Misconduct, the State must prove the following three elements beyond a reasonable doubt: 1. (Defendant) was a public servant. 2. While a public servant, (defendant) Give as applicable. Give if Fla. Stat. § 896.101(3)(c) is charged: To prove the crime of Money Laundering, the State must prove the following three elements beyond a reasonable doubt: 1. (Defendant) [conducted] [attempted to conduct] a financial transaction. 2. The financial transaction involved [property] [proceeds] which [an investigative or law enforcement officer][someone acting under an investigative or law enforcement officer’s direction] represented as being [derived from] [used to conduct or facilitate] (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) .3. (Defendant) did so with the intent to Give 3a and/or 3b and/or 3c as applicable. a. promote the carrying on of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) ; [or]b. [conceal] [disguise] the [nature] [location] [source] [ownership] [control] of the [proceeds] [property believed to be the proceeds] of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) ; [or] 2. to avoid a [transaction reporting requirement] [money transmitters’ registration requirement] under state law. Attempt777.04(1)5.1last_img read more

Why Superstitions Help Athletes Perform Better

first_imgNew York Magazine:In his acclaimed book The Game, Hall of Fame NHL goaltender Ken Dryden described some of the various superstitions he picked up over the years, from nodding at a particular Montreal Forum usherette before home games to shooting a puck off a certain part of the boards at the start of pregame warm-ups. “I don’t tell anyone about them, I’m not proud I have them, I know I should be strong enough to decide one morning, any morning, no longer to be a prisoner to them,” he wrote. “Yet I seem helpless to do anything about it.”…Dr. Paul van Lange, a professor of psychology at VU University Amsterdam, is the co-author of a paper called “The Psychological Benefits of Superstitious Rituals in Top Sport: A Study Among Top Sportspersons,” published in the Journal of Applied Social Psychology in 2006. Among other things, that study found that commitment to rituals is greater for especially important games, like a league’s finals or even playoffs in general. Over email, he explained that these rituals serve as a sort of psychological placebo. “They help people cope with uncertain outcomes in the future, especially if these outcomes are important to them,” says van Lange. The paper van Lange co-authored contends that this can be beneficial to the athlete. “Our argument is that they strengthen feelings of control and confidence that may otherwise be lacking,” says van Lange.A 2010 article published in Psychological Science found that this perception of increased self-efficacy, as researchers call it, can apparently lead to real-world increased performance. Researchers used a series of experiments to show that activating good-luck superstitions improved performance in tasks like putting a golf ball, and that those performance benefits were, in fact, the result of increased confidence.Read the whole story: New York Magazine More of our Members in the Media >last_img read more

Kenai Man Arrested For Stabbing Nurse With Ballpoint Pen

first_imgFacebookTwitterEmailPrintFriendly分享The Soldotna Police Department was dispatched to the emergency department at Central Peninsula Hospital for a report that a patient had stabbed a staff member. On June 20, at 5:22 a.m., SPD arrested  Michael E. Hancock, 61, of Kenai, for assault in the third andfourth degree. Hancock was taken to Wildwood and is currently being held without bail. The nurse was treated for minor injuries.center_img According to SPD in a dispatch released on June 28, Hancock had become angry with hospital staff and physically attacked one of the nurses, stabbing him in the throat with a ballpoint pen he had been concealing.last_img

Paul Wright | Time to step up, Skerritt

first_imgThe much-anticipated fantastic ‘Summer of Sports’ has so far been very disappointing for local sport fans. Thankfully, the recently concluded Pan Am Games in Lima, Peru, saw our national treasures garnering 17 of the 19 medals that the country won, surpassing the total of eight medals earned in 2015. Our victories, which included Pan Am Games records in the women’s 200m, men’s discus, and women’s shot put, were complete with women’s 100m, women’s 400m, and women’s 800m gold. These athletes have deservedly won medals for their own well-being and sense of accomplishment. But they have given a nation – thirsty for any “good news” to take us (even if temporarily) out of a national funk caused by tales of corruption in high places, the seemingly unrelenting scourge of violence against citizens and traffic woes featuring mindless, reckless, and, frankly, brazen road users who laugh at any feeble attempt at improving the daily commute of Jamaicans in our cities – something to look forward to, something to celebrate. The Americans have used podium finishes in the Pan Am Games to highlight (and protest) injustices and wrongs being perpetrated against their fellow citizens back home. These actions of a female javelin thrower and a fencing gold medallist have evoked threats of sanction from the Games authorities, but their actions have resonated with those citizens at home who are suffering daily, knowing that even in the face of glory and reward for athletic superiority, someone cares! As a nation, we do not expect our sport stars, or national treasures, as they really are, to step up to the plate and support their fellow suffering citizens with protest. We are all painfully aware of the treatment meted out to any athlete who dares to expose ‘bad mind’ and impropriety in their sport administrations. So as we wait for the passage of time and retirement to get a true picture of corruption in the administrations of local sports, we thank our stars for these few and precious moments of celebration that give us a smile and a reason to get up and go to work and school every day. Stats not improving The record total of one-day runs by the world’s best exponent of the shortened game of cricket, Christopher Henry Gayle, has done very little to mask the continued poor results of the best amalgamation of regional cricketers on the world stage. Local statistics guru Zaheer Clarke reminds me that since he took office on March 25, 2019, the team under the leadership of president Ricky Skerritt has played 16 one-day internationals and three T20s. We have won four, lost 13, and have two no-results. We (the West Indies) have played the second-highest number of matches of all the ICC-registered teams in that period, 19 with England being the only country that has played more – 20. Our 13 losses are the most by any team during that period. Pakistan have lost 11 of 17 matches, and Afghanistan have lost 10 of their 12 games. Of the 12 full-member teams of the ICC, the West Indies’ win-to-loss ratio is ranked 11th, only ahead of Afghanistan. These statistics are not improving, even as the cricketing public of these islands celebrate a new and different method of administering regional cricket. Time is not a friend of new administrators who are swept into power with the promise of ‘change for the better’. The honeymoon afforded to new leaders does not usually last very long. It is now time for Skerritt to make good on his promise from his acceptance speech in March this year. With cricket and football also showing very worrying signs of regression in international standings, the leaders of these organisations cannot and should not expect to keep saying, “This is the best-prepared and best-talented team selected to represent us,” only to sheepishly look for others to blame when the performances fail to live up to the pre-game hype so frequently mouthed by our vanquished representatives. Those seeking positions of power in sporting administrations are painfully aware of the lack of facilities and resources necessary to produce consistent world-class results. So in seeking to defeat and dethrone incumbents, they should have a formula to gain corporate/financial support and not ‘blame finances’ when results are poor. We need administrators who either play or understand the nuances necessary for an athlete to reach and stay at the top, as well as the necessary connections to garner financial support for crucial aspects of the development of the sport that they are administering. We need leaders of substance, not talkers and profilers who are given the task of leading only because of longevity in positions on committees, and ‘contribution to sport in general’. Dr Paul Wright is a sports medicine specialist and radio personality.last_img read more

Chelsea Under-18s enjoy win against Arsenal

first_img Follow West London Sport on TwitterFind us on Facebook Chelsea’s Under-18s beat Arsenal 3-1 on Saturday courtesy of goals from Thierno Ballo, Clinton Mola and Ian Maatsen.Ballo opened the scoring after just four minutes at Chelsea’s Cobham training ground by tucking away the loose ball after George Nunn’s header from Maatsen’s cross had been parried by keeper Arthur Okonkwo. The lead was doubled 11 minutes into the second half when Okonkwo was unable to keep out Mola’s low shot.AdChoices广告Folarin Balogun’s header pulled a goal back for the visitors but Maatsen responded by firing into the top corner with 10 minutes remaining.Meanwhile, Fulham’s Under-18s suffered a 4-1 defeat at West Ham. Jean-Pierre Tiehi scored for the Whites.last_img