Proposed jury instruction amendments November 1, 2002 Regular News Proposed jury instruction amendments The Supreme Court Committee on Standard Jury Instructions in Criminal Cases invites comment on the proposed changes shown below. After reviewing comments received in response to this publication, the committee will make its final proposal to the Florida Supreme Court. Please submit all comments to Judge Philip J. Padovano, Chair, First District Court Of Appeal, 301 South Martin Luther King, Jr. Blvd., Tallahassee 32399-1850. Your comments must be received by November 29 to ensure that they are considered by the committee. Note: The language to be removed was adopted in March 1989 in response to a 1987 amendment to §776.05. See Chapter 87-147, Laws of Florida. A 1988 amendment, however, was overlooked. See Chapter 88-381, §54, Laws of Florida. That amendment shows that the language stricken below applies only to civil actions. 3.6(h) JUSTIFIABLE USE OF FORCE BY LAW ENFORCEMENT OFFICER In making an arrest of a felon § 776.05, Fla.Stat. Give if applicable A law enforcement officer, or any person [he] [she] has summoned or directed to assist [him] [her], need not retreat from or stop efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force that [he] [she] reasonably believes necessary to defend [himself] [herself] or another from bodily harm while making the arrest. That force is also justifiable when necessarily used 1. in retaking a felon who has escaped or 2. in arresting a felon who is fleeing from justice. Force in making unlawful arrest prohibited § 776.051(2), Fla.Stat. Use of any force by a law enforcement officer or any person summoned or directed to assist the law enforcement officer is not justified if Give if applicable 1. the arrest is unlawful and 2. it is known by the officer or the person assisting [him] [her] to be unlawful. In making an arrest of a fleeing felon . Give 1 or 2 as applicable . Define felon In arresting a felon who is fleeing from justice, an officer is justified in the use of any force if 1. the officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or 2. the officer reasonably believes that the fleeing felon has committed a crime involving the infliction or the threatened infliction of serious physical harm to another person. To prevent escape from custody § 776.07(1), Fla.Stat. Give if applicable A law enforcement officer or other person who has an arrested person in [his] [her] custody is justified in the use of any force that [he] [she] reasonably believes to be necessary to prevent the escape of the arrested person from custody. To prevent escape from penal institution § 776.07(2), Fla.Stat. Give if applicable A guard or other law enforcement officer is justified in the use of any force that [he] [she] reasonably believes to be necessary to prevent an escape from a penal institution of a person the officer reasonably believes is lawfully detained. Give if applicable “Deadly force” includes, but is not limited to 1. firing a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and § 776.06(1)(a), Fla.Stat. 2. firing a firearm at a vehicle in which the person to be arrested is riding. §776.06(1)(b), Fla.Stat. Definition; give if applicable A “firearm” is legally defined as (adapt from § 790.001(6), Fla.Stat., as required by allegations) . Comment This instruction was adopted in 1981 and was amended March 1989. The Florida Supreme Court Committee on Standard Jury Instructions (Criminal) has filed a Revised Supplemental Report (No. 2002-1) with the Supreme Court. In response to this court’s request in Gross v. State, 765 So. 2d 39 (Fla. 2000), the committee proposes a new definition of “enterprise” to replace the existing definition of that term in the Florida Standard Jury Instructions in Criminal Cases. The court invites all interested persons to comment on the committee’s proposed amendments, which are summarized below, as well as online at www.flcourts.org/sct/sctdocs/proposed.html. An original and nine copies of all comments must be filed with the court on or before December 2, with a certificate of service verifying that a copy has been served on the committee chair, Judge Philip J. Padovano, First District Court of Appeal, 301 Martin Luther King, Jr. Blvd., Tallahassee 32399-1850, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument which may be scheduled in this case. All comments must be filed in paper format and in WordPerfect 5.1 (or higher) format on a DOS formatted 3-1/2 inch diskette. IN THE SUPREME COURT OF FLORIDA STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES – SUBMISSION 2002-1, CASE NO. SC02-657 The committee proposes the following definition of “enterprise” to replace the existing definition of that term in the Florida Standard Jury Instructions in Criminal Cases 26.2 RICO — Use or Investment of Proceeds From Pattern of Racketeering Activity, 26.3 RICO — Use or Investment of Proceeds From Collection of Unlawful Debt, 26.4 RICO — Acquisition or Maintenance Through Pattern of Racketeering Activity, 26.5 RICO — Acquisition or Maintenance Through Collection of Unlawful Debt, 26.6 RICO — Conduct of or Participation in an Enterprise Through Collection of Unlawful Debt, 26.7 RICO — Conduct of or Participation in an Enterprise Through Pattern of Racketeering Activity, and 26.8 RICO — Conspiracy to Engage in Pattern of Racketeering Activity:An “enterprise” is an ongoing organization, formal or informal, t hat both functions as a continuing unit and has a common purpose of engaging in a course of conduct.The committee also proposes the following amendment to each of the identical comments to Florida Standard Jury Instructions in Criminal Cases 26.2, 26.3, 26.4, 26.5, 26.6, 26.7, and 26.8: Comment This instruction was adopted in 1989 and amended in 2002. The definition of the term “enterprise” in this instruction is from the supreme court’s opinion in Gross v. State, 765 So. 2d 39 (Fla. 2000). As to the issue of whether an individual can be an enterprise, see State v. Nishi, 521 So. 2d 252 (Fla. 3d DCA 1988) and State v. Bowen, 413 So. 2d 798 (Fla. 1st DCA 1983).
Sofiya VelikayaMoscow, Russia | AFP | Most Russian athletes want to compete in the 2018 Winter Olympic Games in Pyeongchang despite a ban on the country’s team, the head of the athletes’ commission at the Russian Olympic Committee (ROC) said Monday.“We have talked to all the athletes in all the winter sports. The majority of these want to take part in the Games,” said fencer Sofiya Velikaya.“The scientific commission supports the position of those sports figures who have decided or may yet decide to compete with neutral status, as well as respecting the position of those who won’t participate.“Athletes are fully aware that there won’t be a flag or the Russian colours, but they will be representing Russia whatever happens,” she added.The International Olympic Committee (IOC) last week decided to ban Russia from the 2018 Games that run from February 9-25 over its state-sponsored doping programme. It said it would only allow “clean” Russian athletes to participate under strict conditions and under the Olympic flag.Russian President Vladimir Putin said in October said that it would be a “humiliation” for Russian athletes to compete under the Olympic flag.He has subsequently softened his stance, however, saying Russia will not boycott the Games and will not stand in the way of athletes who hope to compete as individuals.Share on: WhatsApp
Others receiving votes: Iowa 53, Pittsburgh 48, Saint Mary’s 24, Creighton 9, Michigan 7, George Washington 5, New Mexico 3, Virginia 3, Oklahoma 1. 22. UCLA9-19123 1. Arizona (30)11-07981 6. Wisconsin12-06456 Pittsburgh’s Lamar Patterson (21) in action against Youngstown State in the first half of an NCAA college basketball game on Saturday, Dec. 14, 2013, in Pittsburgh. (AP Photo/Keith Srakocic)Breaking down this week’s Associated Press college basketball poll:___UNRANKED UNBEATENS: At the start of the week, there were 14 Division I teams that had yet to lose a game, and all but three of them are ranked in the Top 25.Pittsburgh (10-0), Toledo (9-0) and Saint Mary’s, Calif. (8-0) are unranked.Six of the unbeatens — Arizona, Syracuse, Ohio State, Wisconsin, Villanova and Connecticut — are ranked in the top 10.The others are No. 11 Wichita State, No. 13 Oregon, No. 17 Iowa State, No. 22 Massachusetts and No. 23 Missouri.On the other side of the win-loss ledger, three Division I teams have yet to a win a game: Cornell (0-10), Tennessee State (0-10) and Grambling State (0-4).___BIG MOVES: Saturday’s Kentucky-North Carolina game accounted for the week’s biggest poll moves.The Tar Heels’ 82-77 victory moved them from No. 18 to 14th.Kentucky, the preseason No. 1, dropped from No. 11 to 19th with its third loss of the season — all to teams ranked in the top 14 in this week’s poll.Kansas, which lost to Florida last week before beating New Mexico, dropped five spots to 18th, the Jayhawks’ lowest ranking since they were 21st in February 2009.___BEATING RANKEDS: North Carolina’s 82-77 victory over Kentucky on Saturday was the Tar Heels’ third win this season over a ranked team. North Carolina also beat then-No. 3 Louisville and then-No. 1 Michigan State.The Tar Heels are the only team this season with wins over three ranked opponents.Iowa State (No. 7 Michigan and No. 23 Iowa); San Diego State (No. 20 Creighton and No. 25 Marquette); and Villanova (No. 2 Kansas and No. 23 Iowa) are the only teams with two wins over ranked opponents.___DOUBLE-RANKED GAMES: There are two games between ranked teams this week.On Tuesday, No. 15 Memphis and No. 16 Florida meet in the Jimmy V Classic at Madison Square Garden. On Saturday, No. 7 Oklahoma State and No. 20 Colorado meet at the MGM Grand Garden Arena in Las Vegas.There will be as close to a double-ranked game as possible Thursday at Madison Square Garden when No. 8 Duke faces UCLA, which was 26th in this week’s voting.USA Today Top 25 PollThe top 25 teams in the USA Today men’s college basketball poll, with first-place votes in parentheses, records through Dec. 15, points based on 25 points for a first-place vote through one point for a 25th-place vote and previous ranking: 9. Wichita State10-05458 4. Louisville9-16764 2. Ohio State (1)10-07482 5. Michigan State8-16535 RecordPtsPvs 18. North Carolina7-228821 11. Oregon9-049011 12. Villanova10-041314 2. Syracuse (1)10-07483 21. Kentucky8-321710 14. Memphis7-134915 13. Iowa State8-035116 20. UMass9-022920 23. San Diego State7-19024 10. UConn9-049412 17. Florida7-229619 19. Kansas7-323213 7. Oklahoma State9-15559 15. Gonzaga10-131116 25. Missouri10-076– 15. Baylor8-131118 8. Duke7-25537 24. Colorado10-188–