12.Jury Instructions — Verdict and Deliberation

THE COURT: Thank you both.

Members of the jury, I have some additional instructions to read to you. If you would be so kind to turn to page 21 of 22.

Instruction 3.12, Verdict. You may find the defendant guilty as charged or guilty of such lesser included crime as the evidence may justify or not guilty.

If you return a verdict of guilty, it should be for the highest offense on the verdict form that has been proved -- proven, excuse me, beyond a reasonable doubt. If you find that no offense has been proven beyond a reasonable doubt, then, of course, your verdict must be not guilty.

The verdict must be unanimous, that is, all of you must agree to the same verdict. Only one verdict may be returned as to the crime charged. The verdict must be in writing, and for your convenience, the necessary verdict form has been prepared for you. It is as follows.

If you're looking for it, you don't have it. I do. That's why we only have one.

The Verdict Form reads: In the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida, Case No. 48-2020-CF-002603-0, State of Florida, Plaintiff, versus Sarah Boone, Defendant, Verdict: We, the Jury, find the defendant guilty of murder in the second degree, as charged in the Information; We, the Jury, find the defendant guilty of the lesser included offense of manslaughter; We, the Jury, find the defendant guilty of the lesser included offense of culpable negligence; We, the Jury, find the defendant not guilty. So say we all, dated at Orlando, Orange County, Florida, on this blank day of blank, 2024, signed, foreperson.

The final instruction, members of the jury, page 22. Instruction 3.13, Submitting Case to Jury. In just a few moments, you will be taken to the jury room by the court deputy. The first thing you should do is choose a foreperson who will preside over your deliberations. The foreperson should see to it that your discussions are carried on in an organized way and that everyone has a fair chance to be heard. It is the foreperson -- it is also the foreperson's job to sign and date the verdict form when all of you have agreed on a verdict and to bring the verdict form back to the courtroom when you return.

During deliberations, jurors must communicate about the case only with one another and only when all jurors are present in the jury room. If a juror goes to the restroom, the deliberations should stop until the juror returns.

You are not to communicate with any person outside the jury about this case. Until you have reached a verdict, you must not talk about this case in person or through the telephone, writing, or electronic communication, such as an e-mail or any other means. Do not contact anyone to assist you during deliberations.

These communications rules apply until I discharge you at the end of the case. If you become aware of any violation of these instructions or any other instruction I have given in this case, you must tell me by giving a note to the court deputy.

Many of you may have cell phones, tablets, laptops, or other electronic devices here in the courtroom. The rules do not allow you to bring your phones or any of those types of electronic devices into the jury room. Kindly leave those devices on your seats where they will be guarded by the court deputy while you deliberate.

If you need to communicate with me, send a note through the court deputy. If you have voted, do not disclose the actual vote in the note.

If you have a question, I will talk with the attorneys before I answer, so it may take some time. You may continue your deliberations while you wait for my answer. I will answer any questions, if I can, in writing or orally here in open court.

During the trial, items were received into evidence as exhibits. Excuse me. You may examine whatever evidence you think will help you in your deliberations. All exhibit, with the exception -- all exhibits, excuse me, with the exception of Exhibit 10, which purports to be a wooden baseball bat, will be sent into the jury room with you when you begin to deliberate. If you wish to see Exhibit 10, which purports to be a wooden baseball bat, please request that in writing. In closing, let me remind you that it's important that you follow the law spelled out in these instructions in deciding your verdict. There are no other laws that apply in this case. Even if you do not like the laws that must be applied, you must use them. For more than two centuries, we have lived by the constitution and the law. No juror has the right to violate the rules we all share.

Can the parties approach?