Trial

Question 1

Jurors

Answer 1

Non-capital cases - 6

Capital cases - 12

Question 2

Juror selection

Answer 2

Must be 18 and be U.S. citizens FL residents.

1. Challenge for cause: No limit
2. Peremptory challenges:
   i. 10 for capital or life felonies.
   ii. 6 for non-capital felonies
   ii. 3 for misdemeanors

Question 3

Appeal of jurors

Answer 3

To preserve an appeal cliam that trial ct should have excused a juror, D must:

i. Object to juror
ii. Exhaust all peremptory challenges
iii. Request add’tl peremptory’s and be denied
iv. Identify specific juror

Question 4

Closing arguments

Answer 4

Order:

i. State’s opening
ii. D’s opening (may be reserved for opening of D’s case)
iii. State’s case
iv. D’s case
v. State rebuttal
vi. Conf for jury instructions
vii. Three closing arguments (state, D, then state rebuttal)

Question 5

Jury Instructions

Answer 5

Florida standard instructions to be used unless somehow inapplicable.
-Objections made before jury retires, or they are deemed waived.

Question 6

Jury deliberations

Answer 6

Juror’s may take any materials in evidence (except depositions), verdict forms, charging documents, and instructions.

• May not be recalled to hear new evidence
• But may rehear evidence already given or new instructions

Question 7

Verdicts

Answer 7

MUST be unanimous.

-Juror’s may be polled to ensure no dissent.