Proposed amendments to jury instructions

first_img December 1, 2005 reason of insanity Regular News Proposed amendments to jury instructions The Supreme Court Committee on Standard Jury Instructions in Criminal Cases has submitted to the Florida Supreme Court a report proposing revisions to the Florida Standard Jury Instructions in Criminal Cases. The Committee proposes revisions to Instruction 3.6(a) – Insanity, Instruction 3.6(b) – Hallucinations, and Instruction 3.6(d) – Voluntary Intoxication. The court invites all interested persons to comment on the committee’s proposals, which are reproduced in full below, as well as online at www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the Court on or before January 3, 2006, with a certificate of service verifying that a copy has been served on Judge Dedee S. Costello, committee chair, Bay County Courthouse, P.O. Box 1089, Panama City 32402-1089, 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. Electronic copies of all comments also must be filed in accordance with the Court’s Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). IN THE SUPREME COURT OF FLORIDA IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES (NO. 2005-5), CASE NO. SC05-1622 Proposal 1 3.6(a) INSANITY An issue in this case is whether (defendant) was insane when the crime allegedly was committed. A person is considered to be insane when: 1. [He] [She] had a mental infirmity, disease, or defect. 2. Because of this condition a. [he] [she] did not know what [he] [she] was doing or its consequences or b. although [he] [she] knew what [he] [she] was doing and its consequences, [he] [she] did not know it was wrong. Give if applicable A defendant who believed that what [he] [she] was doing was morally right is not insane if the defendant knew that what [he] [she] was doing violated societal standards or was against the law. (See Wallace v. State 766 So.2d 364 (3rd DCA 2000). All persons are presumed to be sane. The defendant has the burden of proving the defense of insanity by clear and convincing evidence. Clear and convincing evidence is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue. However, if the evidence causes you to have a reasonable doubt concerning the defendant’s sanity, then the presumption of sanity vanishes and the State must prove beyond a reasonable doubt that the defendant was sane. In determining the issue of insanity, you may consider the testimony of expert and nonexpert witnesses. The question you must answer is not whether the defendant is insane today, or has ever been insane, but whether instead simply if the defendant was insane at the time the crime allegedly was committed. Give if applicable Unrestrained passion or ungovernable temper is not insanity, even though the normal judgment of the person is be overcome by passion or temper. Give if applicable If the evidence establishes that the defendant had been adjudged insane by a court, and has not been judicially restored to legal sanity, then you should assume the defendant was insane at the time of commission of the alleged crime, unless the evidence convinces you otherwise. If you find that (defendant) committed the crime but you find by clear and convincing evidence that the defendant was insane, as I have defined that term for you, have a reasonable doubt that [he] [she] was sane at that time, then you should find [him] [her] not guilty by reason of insanity. If your verdict is that the defendant is not guilty by reason of insanity because insane , that does not necessarily mean [he] [she] will be released from custody. I must conduct further proceedings to determine if the defendant should be committed to a mental hospital, or given other outpatient treatment or released. Comment If drugs or alcohol are involved, see Cirack v. State, 201 So.2d 706 (Fla. 1967). This instruction was adopted in 1981 and was amended in 1986 , and 1994 , and 2005. Proposal 2 3.6(b) INSANITY — HALLUCINATIONS Do not give this instruction for offenses occurring after June 19, 2000. An issue in this case is whether (defendant) was insane when the crime allegedly was committed. A person is considered to be insane when: 1. The person had a mental infirmity, disease, or defect. 2. Because of this condition, the person had hallucinations or delusions which caused the person to honestly believe to be facts things that are not true or real. The guilt or innocence of a person suffering from such hallucinations or delusions is to be determined just as though the hallucinations or delusions were actual facts. If the act of the person would have been lawful had the hallucinations or delusions been the actual facts, the person is not guilty of the crime. All persons are presumed to be sane. The defendant has the burden of providing the defense of insanity by clear and convincing evidence. Clear and convincing evidence is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue. However, if the evidence causes you to have a reasonable doubt concerning the defendant’s sanity, then the presumption of sanity vanishes and the State must prove beyond a reasonable doubt that the defendant was sane. In determining the issue of insanity, you may consider the testimony of expert and nonexpert witnesses. The question you must answer is not whether the defendant is insane today, or has ever been insane, but simply if the defendant was insane at the time the crime allegedly was committed. Give if applicable Unrestrained passion or ungovernable temper is not insanity, even though the normal judgment of the person be overcome by passion or temper. Give if applicable If the evidence establishes that the defendant had been adjudged insane by a court, and has not been judicially restored to legal sanity, then you should assume the defendant was insane at the time of commission of the alleged crime, unless the evidence convinces you otherwise. If you find that (defendant) committed the crime but you find by clear and convincing evidence that the defendant was insane, as I have defined that term for you have a reasonable doubt that [he] [she] was sane at that time , then you should find [him] [her] not guilty by reason of insanity. If your verdict is that the defendant is not guilty by reason of insanity because insane , that does not necessarily mean [he] [she] will be released from custody. I must conduct further proceedings to determine if the defendant should be committed to a mental hospital, or given other outpatient treatment or released. Comment If voluntary intoxication is raised by the defense, see 3.6(d). This instruction was adopted July 1997 and amended 2005. Proposal 3 3.6(d) VOLUNTARY INTOXICATION Give only for offenses occurring before October 1, 1999. (See section 775.051, Florida Statutes) A defense asserted in this case is voluntary intoxication by use of [alcohol] [drugs]. The use of [alcohol] [drugs] to the extent that it merely arouses passions, diminishes perceptions, releases inhibitions, or clouds reason and judgment does not excuse the commission of a criminal act. However, where a certain mental state is an essential element of a crime, and a person was so intoxicated that [he] [she] was incapable of forming that mental state, the mental state would not exist and therefore the crime could not be committed. As I have told you, [the intent to (specific intent charged) ] [premeditated design to kill] [ (other mental state) ] is an essential element of the crime of (crime charged) . Therefore, if you find from the evidence that the defendant was so intoxicated from the voluntary use of [alcohol] [drugs] as to be incapable of forming [the intent to (specific intent charged) ] [premeditated design to kill] [ (other mental state) ], or you have a reasonable doubt about it, you should find the defendant not guilty of (crime charged) . Give when other applicable crimes are general intent crimes Voluntary intoxication is not a defense to (lesser included crimes) (crimes charged in additional counts) . Comment This instruction was adopted May 1987 and amended in 2005.center_img Proposed amendments to jury instructionslast_img read more

Lake Grove Teen Dies Falling from Tree

first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York A Lake Grove teenager died when he fell out of a tree he was climbing during a Memorial Day Weekend party in Wading River, authorities said.Matthew Grimaldi and several others had climbed a tree in the bluffs overlooking the Long Island Sound at Hulse Landing Beach when he lost his footing and became impaled on a tree limb that punctured his chest shortly before 7 p.m. Sunday, Riverhead Town Police said.The 18-year-old victim was taken to Peconic Bay Medical Center, where he was pronounced dead.Riverhead police are continuing the investigation and ask anyone with information about this incident to call them at 631-727-4500 ext. 332.last_img

Members will love you when you offer these brilliant savings options

first_img 7SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr Who doesn’t love to make an easy buck? There’s nothing better than feeling a little flush from time to time, especially when it requires little effort on your part. Tech savvy individuals, Millennials in particular, have making easy money down to a science. From selling goods online, using apps for automatic cash back, or surveys for free gift cards, there’s almost an art to making a little extra cash. But, wouldn’t it be great if there were more regulated ways to rack up some side cash? With creative enhancements to your credit union software, there are!Companies such as Acorns.com or Bank of America’s “Keep the Change” program have become popular, offering savings techniques that are almost effortless, rounding up your purchase and investing your spare change. However, many of these Millennials may not realize that similar technology is available right where they are already banking – at their local credit union. By maximizing core technology, financial institutions are able to offer these credit union savings solutions and benefits to members.Of Americans surveyed recently, fewer than 1 out of 5 people reported that saving money is their top financial priority. Most were merely trying to stay current with their bills, with only a handful actually working to pay down their debt. Delving further, those that were attempting to save a few dollars were of a younger subset, and potentially not as leveraged with household expenses as others. Items such as mortgages, auto loans, and family expenses often take priority, and having a savings plan can be a challenge. Creative solutions are needed (and appreciated) when it comes to saving money for a member’s rainy day fund. continue reading »last_img read more

Experts shed light on how to make online education work

first_imgKermin Parakh, principal, BVS Paris High School, explained how they used various mediums such as Zoom, Google Classroom, etc to assign and check assignments. They also carried out extracurricular activities such as competitions, art, engaging their science society and environment society, gardening, holding virtual scrabble and chess meets.“The teachers, subject coordinators, IT department were one team to help us achieve all. Maybe we didn’t do everything perfectly but we did our best, and we involved the parents too, who gave us positive feedback. As we progressed, we started getting the hang of it and our teachers stepped up,” she said, adding that online education was not going anywhere now so they might as well embrace it.Arwa Khuzaima, an early childhood education expert and associate trainer with OUP, said that their only focus for now was teaching the child who must gain from his or her online classes. “The learning environment has shifted from the school building to the home and so we also need to adapt to different teaching material and methods,” she said while sharing some of her methods through a presentation.Ali Syedein of Civilization School also showed through his presentation the various mediums such as Google G Suite, WhatsApp and even hard copy (paper) used to help them carry on with the education of their students in these times. He also suggested that the schools get edu.pk domain for which they should ask Google for access. “Everyone has a smartphone and internet access so it is all possible,” he said about the holding of regular online classes.Naila Jamall, principal, The Learning Tree, said that she at first did not realize how long the schools’ closure would be, still they switched to online education in March only. “Then when the government announced early summer vacations, we utilized April to adopt and we have a proper plan now with study time and activity sessions, distribution of materials, etc, to insure connectivity and continuation of the course,” she said.“Of course, it will not be possible without the support of parents as the learning shifted from the brick and mortar class to the virtual class at home. They need to get their children the material and equipment. They also have a big hand in their social and emotional well-being,” she said.Akhtar Noorani, head and coordinator, early childhood education at Nasra Schools, said that they were trying their level best to call parents in small groups to train them as well. “Because they shouldn’t allow their children to just sit at home without learning. They are also encouraged to sit with their child when an online class is going on. We also have the parents on a WhatsApp group,” she said.Rubina Naqvi, senior manager, membership network at Teachers’ Resource Centre, said that their focus was on how to provide a classroom environment at home. “There is a lack of personal interaction with no eye-to-eye contact on the computer or phone screen, which is a challenge. We also need to teach in a way that converts information into knowledge, and … we also have to make this knowledge help shape their personality,” she said.She also said that “little children have very short attention spans and they cannot be made to sit and study for more than 15 to 20 minutes.”Ahmed Tariq Khan, managing director, L’ecole, also said that since e-learning was here to stay, the schools needed also to focus on up and coming digital technologies. “The schools that quickly switched to online classes during the closure and lockdown were able to do so because technology these days is also user-friendly,” he said before sharing how they could also help students learn by using video games. “The right gamification approach can help students match high learning outcomes using various levels of cognition. Yes, there is a certain level of addiction involved in gaming but it is exciting and adaptive learning,” he said. Education experts got together for a seminar on Zoom on Saturday to discuss the ‘Digital classroom: the way forward’ from the perspective of early childhood education.The event was organized by Winchester Publications Group.“The parents, schools and students all need to cooperate with one another to make the digital classroom and online education work,” said M. Jehanzeb Saeed, director, Creek View Academy and Winchester Publications Group, who was also moderating the discussion. “It is not a permanent but temporary crisis, which we are facing right now in the shape of the coronavirus pandemic,” he said while also pointing out that in some places such as Balochistan schools had been closed since December due to extra long winter vacations and the students there had not been to school for some seven months.He also said that while the older students could easily adjust to online classes, it was early childhood education that may pose a problem for which they required teachers’ training too. “We need to rise to the occasion instead of complaining or doing nothing,” he said. “Teaching the pre-primary level students in a digital class can be a challenge but they can be taught through a blended way of teaching with recorded sessions included,” said Syed Tariq Shah, managing director, Brilliant Career Group of Schools.“The lessons or lectures can be delivered on any medium to make them easier or simpler,” he said, adding that to deal with the current situation, parents too needed to invest in not just equipment but also giving time to the children to help them follow their lessons.center_img Topics :last_img read more

Research brings to light Edmonton home’s rich past

first_imgMitchell House, Edmonton. Picture: Marc McCormack“All too often people look at something and think it would just be easier to get rid of it, but you lose part of the community when that happens.” Mr and Mrs Gourde, who live on the Northern Beaches, have now put Mitchell House on the market.The house features polished concrete floors and high ceilings, while the yard is replete with fruit trees.Approvals are also in place for subdivision.Selling agent Hannah Fuller of Belle Property said the owners had done an “amazing job”.“The interest in the property so far has mostly been from people looking for plenty of space … there aren’t many of these sorts of properties going around,” she said.Mitchell House is listed for $479,000. Call Hannah Fuller on 0400 036 048 for more information. “Mitchell House” co-owner Sherie Guorde. Picture: Marc McCormackA CAIRNS couple has meticulously restored a historic Edmonton house after delving into its rich past.Sherie and Stefan Gourde became intrigued by the three-bedroom property at 8 Jubilee St.“It was in quite a terrible state when we bought it as an investment last year,” Mrs Gourde said.“We originally thought about demolishing the house after looking at the amount of work that was needed.“But after getting to know the property, we thought it would be a tremendous shame to lose part of Cairns’ history.” Mrs Gourde started talking to Kay Earl, a well-known marriage celebrant and nearby Edmonton resident, who helped shed a fascinating light on the home’s “many characters” from years gone by including a “world-renowned porcelain potter”. She discovered the land was bought in 1925 by Charles Mitchell, who helped build houses for returned servicemen after World War I.Keen to dig deeper, Mrs Gourde made contact with Mr Mitchell’s granddaughter – a Far North local – through ancestry.com.“We struck gold … and all of a sudden it became quite a personal project,” she said. Now, after about a year of “breathing life” into the 1942sq m property, pictures of Mr Mitchell and his wife Diamond are proudly on display.More from newsCairns home ticks popular internet search terms3 days agoTen auction results from ‘active’ weekend in Cairns3 days ago“It wasn’t something we ever intended to do but felt it was important for people to know what its roots were,” Mrs Gourde said.last_img read more

This fast growing Queensland suburb is Australia’s number 1 housing hotspot: HIA

first_imgNorth Lakes has made the top 20 list of Australia’s housing hot spots, according to the HIA.Pimpama, sitting midway between Brisbane and Surfers Paradise, saw its population grow at a rate of 35 per cent during 2015/16.One its latest residential developments is Halcyon Greens, a $300 million masterplanned community for over 50s.“Pimpama saw $340 million worth of building approvals during the year — that’s very strong,” Mr Garrett said.“What propelled them so high was the population growth. An increase of one third in the course of a year is very unusual. “It would reflect the fact newly developed homes and units in that part of town have become occupied by new residents.” Aveo Newstead is one of the latest residential developments in the area.Mr Garrett said 2016 represented a record year for new home building activity in Australia, supporting economic activity across the country.More from news02:37Purchasers snap up every residence in the $40 million Siarn Palm Beach North7 hours ago02:37International architect Desmond Brooks selling luxury beach villa1 day agoHe said it was good to see the report showed strong growth in regional areas, not just capital cities. “Today’s report identifies 86 separate areas in every state and territory across Australia where residential building activity is acting as the engine of economic activity, employment and development,” he said.“Small business are particular beneficiaries of housing activity.”An area qualifies as a hotspot in the report if its population grew by more than 1.4 per cent national average during 2015/16 and at least $150 million worth of residential building was approved during the year.National Top 20 Building and Population HotspotsSuburb State Residential Building Approved 2015/16 1 Pimpama QLD $340.2 million 2 Cobbitty-Leppington NSW $506.47 million 3 Palmerston-South NT $231,86 million 4 Riverstone-Marsden Park NSW $598.7 million 5 Forrestdale-Harrisdale-Piara Waters WA $155.42 million6 Docklands VIC $414.36 million7 Homebush Bay-Silverwater NSW $365.03 million8 Ellenbrook WA $205.43 million9 Southbank VIC $1.063 billion10 Waterloo-Beaconsfield NSW $788.99 million11 North Lakes-Mango Hill QLD $164.81 million12 Elderslie-Harrington Park NSW $191.8 million13 Lyons NT $188.41 million14 Rouse Hill-Beaumont Hills NSW $465.39 million15 Newstead-Bowen Hills QLD $433.38 million16 Arncliffe-Bardwell Valley NSW $200.23 million17 South Yarra-East VIC $185.70 million18 Botany NSW $264.69 million19 Melbourne VIC $627.4 million20 Ingleburn-Denham Court NSW $159.16 millionSource: HIA Housing developments throughout Pimpama, which has been named Australia’s top housing hotspot by HIA.Two other Queensland areas made the list of the top 20 housing hot spots — the masterplanned community of North Lakes-Mango Hill on Brisbane’s northern fringe and the bustling Newstead-Bowen Hills precinct, just outside the city’s CBD. Inside one of the homes in Halcyon Greens, a new development in Pimpama.HIA economist Shane Garrett said the report showed residential building activity in Queensland was spread out across the state, rather than just within Brisbane.Of the 20 Queensland suburbs that made the overall national list of hot spots, five of them were on the Gold Coast, including Coomera, Hope Island, Upper Coomera-Willowvale and Surfers Paradise. “It’s possible strong performers like the Gold Coast were partly helped by the fact there’s been a lot of downsizing going on by people in Sydney and Melbourne who are moving to this area of Queensland,” he said. The $300 million Halcyon Greens, Australia’s first over 50s gated golf and residential community, at Pimpama.QUEENSLAND has topped the list of Australia’s housing hot spots, according to a new report.Pimpama, a suburb on the northern end of the Gold Coast, has been pinpointed as the nation’s fastest growing housing market based on its performance during 2015/16, according to the Housing Industry Association’s latest Population & Residential Building Hotspots 2017 report.In second place was Sydney’s Cobbitty-Leppington area, followed by Palmerston-South in the Northern Territory.last_img read more

Area Softball Sectional Scores (5-22)

first_imgArea Softball Sectional Scores.Monday  (5-22)Class 3A-Sectional 29 @ Madison.Rushville  10     Batesville  1Madison  3     South Dearborn  1Class 2A-Sectional 45 @ Switz. County.North Decatur  13     Austin  0SW-Hanover  16     South Ripley  0Class 1A-Sectional 60 @ Rising Sun.South Decatur  14     Rising Sun  0Hauser  2     Jac-Cen-Del  1last_img

Gov. Holcomb Signs Executive Orders in the Fight Against COVID-19

first_imgStatewide—On Wednesday, Governor Eric J. Holcomb signed Executive Order 20-30 to extend the public health emergency for an additional 30 days to July 4th.The Governor also signed Executive Order 20-31 which allows older youth to remain in foster care beyond the age of 18 for the duration of the public health emergency. This will allow them to continue to receive education, workforce training, and health benefits as well as extended the time period to renew professional licenses, certificates, or permits to June 30.Due to the current restrictions on in-person dining in restaurants, the executive order reduces the amount of food sales a restaurant must report to maintain its alcoholic beverage permit.Additionally, deadlines for the calculation of local taxes were also extended by the executive order.Click here to see the executive order.last_img read more

Cricket News No More Biryani For Pakistani Cricketers As New Coach Misbah Changes Diet Plan

first_imgNew Delhi: Pakistan’s new head coach and chief selector Misbah-ul-Haq has changed the diet and nutrition plans for players in the domestic tournaments and in the national camp. Misbah has issued standing orders that no heavy diet would be available to the players during the domestic season and in the national camp as players have to attain peak fitness to make the national squad.”No more Biryani or oil rich red meat meals or sweet dishes for the players now,” said a member of a catering company managing the food plan for the players in a match of the Quaid-e-Azam Trophy.Misbah has issued orders that only barbecue items and pasta with lots of fruits should be on the menu for all teams in the domestic season while the same diet plan would be followed in the national camps.Must Read | Did Pakistani players stay out of hotel before match against India? This is what PCB said”Pakistani players are known to have a fondness for junk food and rich oily dishes when they are not playing for the national team but Misbah has told every player that a log book will be maintained on their fitness and diet plans and anyone found lacking would be shown the door,” a source, aware of the developments, said.Misbah, who played international cricket till the age of 43 and is still active as a player at 45, is seen as a role model for maintaining high fitness standards. For all the Latest Sports News News, Cricket News News, Download News Nation Android and iOS Mobile Apps.last_img read more

Vavic and Trojans begin quest for fifth straight title

first_img“We feel very good,” USC coach Jovan Vavic said. “We have had a very productive and good training, and I think the guys are very anxious and excited about starting to play finally.”The biggest storyline of the offseason has revolved around who will replace departed star goalkeeper Joel Dennerly, and though the season is finally set to begin, Vavic still has yet to officially name a starter, and might not do so anytime soon.“Our team doesn’t really have starting positions; we have guys who play and guys who don’t play,” Vavic said. “So both of our goalies are going to play. We’re going to have [redshirt sophomore] Ely [Bonilla] and [junior] James [Clark] compete for the playing time.”When asked if there was any timetable on how long the two would share playing time, Vavic made it clear there was no rush to anoint a main goalie just yet.“It’s hard to say right now,” Vavic said. I would say that they are both good enough so we can play both of them against any opponent and then we adjust.” Regardless of when, or if, a decision is made, USC opens its season with a doubleheader against the University of La Verne and Pomona-Pitzer College, followed by scrimmages against tougher foes Pepperdine, UC Santa Barbara, Chapman and UCLA.USC has defeated UCLA each of the last two seasons for the national championship.“We’ve been looking forward to [the first game] all summer,” senior driver Michael Rosenthal said.  “It’s a lot of fun playing in real games and we can’t wait for the season to start.”In addition to breaking in a pair of new goalies, the rest of the squad plans to focus on helping Bonilla and Clark adapt to their potential starting roles.“We always try to work on defense,” Rosenthal said. “These scrimmages are a good chance for us to see our opponent and see how they’re going to play against us.”The team will also use the invitational as an opportunity to incorporate as many players as possible into the lineup.“We’re going to try some different things,” Vavic said. “We’re going to play as many players as we can, and give everybody an opportunity to show what they can do and get ready for some of the more important and tougher games.” The USC men’s water polo team has waited patiently. Now the time has come to defend its water polo title. The journey begins this weekend at the UCLA Invitational, which will serve as an opportunity for the team to get into midseason form as quickly as possible.Back for more · Senior driver Tobias Preuss scored 16 goals last season for the Trojans. He was named an honorable mention All-American in 2011. – Daily Trojan file photolast_img read more