D
Deleted member 46332
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I specifically remember one of the local commentators discussing how in Florida felony murder is linked to Capital murder and the jury will receive specific direction on how to decide between both. He specifically said this jury will get to choose between both. He explained that in DP cases the judge will probably spend some time discussing the nuances of premeditation as it relates to capital murder. Felony murder would not have been a seperate charge as it falls under the umbrella of first degree murder.
this link shows the standard directions to jurors by the Florida Supreme Ct:
http://www.floridasupremecourt.org/jury_instructions/instructions.shtml#
If you click the homicide section it says the following:
7.2 MURDER—FIRST DEGREE
§ 782.04(1)(a), Fla. Stat.
When there will be instructions on both premeditated and felony murder, the following explanatory paragraph should be read to the jury.
There are two ways in which a person may be convicted of first degree murder. One is known as premeditated murder and the other is known as felony murder.
this link shows the standard directions to jurors by the Florida Supreme Ct:
http://www.floridasupremecourt.org/jury_instructions/instructions.shtml#
If you click the homicide section it says the following:
7.2 MURDER—FIRST DEGREE
§ 782.04(1)(a), Fla. Stat.
When there will be instructions on both premeditated and felony murder, the following explanatory paragraph should be read to the jury.
There are two ways in which a person may be convicted of first degree murder. One is known as premeditated murder and the other is known as felony murder.