Free sample · Florida jury instructions · For defense counsel
Which jury instructions do you request, and how do you preserve the error?
The jury instructions are the last thing the jury hears and one of the most litigated issues on appeal, yet the un-askable question in a solo or newer practice is often the most basic one: which instructions to request, and how to make an objection that survives. This page is a free sample of the framework: the four parts at a glance, from starting at the Florida Standard Jury Instructions through the charge conference, the lesser-included and theory-of-defense categories, and the preservation record that decides the appeal, with one step worked in full as a taste. It is a framework, not a script, and it does not reproduce the instructions themselves.
This is a sample
The full framework, every part worked in full, and the assembled charge-conference packet for a specific charge are the Jury Instruction Brief. This page is the taste: the four parts at a glance, the rule that governs the charge, and one preservation step worked through.
See the Jury Instruction Brief, $97 → Open the jury instructions reference →
The rule that governs the charge
Which instructions the jury hears, and how the jury is charged, is governed by Rule 3.390 (Jury Instructions) in a Florida criminal case. The court will default to the Florida Standard Jury Instructions in criminal cases, and the instructions actually given are settled at the charge conference, on the record. The rule is described generally here and cited to its official source; this page does not reproduce the instructions themselves.
The rule governing the charge is Rule 3.390 (Jury Instructions) (Florida Rules of Criminal Procedure, The Florida Bar). The rule controls; confirm the current text before relying on any description here. The Standard Jury Instructions themselves are listed, source-linked by chapter, on the Florida criminal jury instructions reference.
The four parts at a glance
The framework runs in four parts, each stated generally, from finding the standard instruction through preserving the record for appeal. Here is the whole shape, one line each. One of them is worked in full below as a sample; the rest are worked in full in the Jury Instruction Brief.
Part 1. Start from the Standard Jury Instructions
Find the published standard instruction for each charged offense and read its elements against the charging document, working from the official text rather than a remembered version.
Part 2. The charge conference and requesting instructions
Which instructions the jury hears is settled at the charge conference on the record, where a specific written instruction is tendered and objections are made.
Part 3. Lesser-included, special, and theory-of-defense instructions
Two strategic categories: the lesser-included offenses the standard instructions identify, and the non-standard special or theory-of-defense instructions counsel drafts when the pattern does not capture the defense.
Part 4. Preserving instruction error for appeal
Whether instruction error can be raised on appeal turns on the trial record: a specific, timely objection, and, for a refused instruction, the proffered instruction itself in the record.
Sample: one preservation step worked in full
To show what “worked in full” means, here is one step from the preservation part taken past the one-line teaser: the general preservation doctrine a defender works through so an instruction error can be raised on appeal. The other steps in all four parts are worked to this depth, with the assembled charge-conference packet, in the Jury Instruction Brief.
A specific, timely objection on the record
As a general matter of preservation, an instruction error is preserved by a specific and timely objection made on the record, so the trial court has the chance to correct it and the appellate court has something to review. A general or after-the-fact complaint is weaker than a specific objection stating the ground at the time the instruction is settled or given. This is stated as general preservation doctrine; the specific requirements are a matter for counsel's own research.
Preservation is stated here as a general doctrine (a specific, timely objection plus a requested instruction on the record). The specific preservation requirements are a matter for counsel's own research; nothing here is a case holding.
Get the full framework and the assembled charge-conference packet
This sample is the shape of the framework and one preservation step worked through. When the case is at the charge conference and you need the actual instructions assembled for the charge, the Jury Instruction Brief pulls the full verbatim standard instruction text, a mechanically-checked elements checklist, the verbatim lesser-included offense tables, the bracketed charge-conference decision points, and the amendment history, every line traced to the official Florida Bar source, alongside every part of the framework worked in full.
The full framework and the assembled packet
This sample tells you the shape and works one step. The Jury Instruction Brief is the full framework, every part worked in full, and the assembled, source-traced charge-conference packet for a specific charge, so counsel is not transcribing the standard instruction and its lesser-included tables by hand.
See the Jury Instruction Brief, $97 → Open the jury instructions reference →
Where this fits in the case
Getting the instructions right runs alongside the rest of trial preparation. The source-linked jury instructions reference is the index of the standard instructions themselves, and the Florida defense toolkit organizes every free reference and paid exhibit by the stage of the case.
Free · Florida preparation surfaces
Start from the source-linked instructions index for the charge, or the defense toolkit for the stage-by-stage map of the case.
Open the jury instructions reference → Open the Florida defense toolkit →
Reference
For the standard instructions themselves, see the Florida criminal jury instructions reference. For the assembled charge-conference packet for a charge, see the Jury Instruction Brief. For the stage-by-stage map of a Florida case, see the Florida defense toolkit. For the full set of Florida references, start at the Florida criminal-defense references hub.
A framework for defense counsel, not legal advice. This page explains how to select, request, and challenge the jury instructions and how to preserve instruction error for appeal. It does not reproduce the Standard Jury Instructions and it does not decide any question in your case. The official Standard Jury Instruction and the current Rule of Criminal Procedure control, and counsel must apply them to the specific charge, evidence, and record.