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V.  SOURCES OF LAW APPLICABLE TO FLORIDA CRIMINAL PROCEEDINGS
PRESENTED BY:
JUDGE MARK A. SPEISER

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I. FLORIDA STATUTES
•A.  CHAPTERS 775-985
–DEFINING CRIMES, ELEMENTS OF CRIMES, DEFENSES, AND CRIMINAL PENALTIES
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•B.  FLORIDA EVIDENCE CODE
–PROMULGATED BY FLORIDA LEGISLATURE AND UTILIZED BY COURT AND ATTORNEYS TO DETERMINE EVIDENCE THAT
IS ADMISSIBLE IN TRIALS AND HEARINGS
•PRIVLEGES
•HEARSAY EVIDENCE
•CONTENTS OF DOCUMENTS
•IMPEACHMENT
•

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•C.  FLORIDA RULES OF CRIMINAL PROCEDURE
–ENACTED BY FLORIDA SUPREME COURT TO PROVIDE SIMPLICITY IN PROCEDURE AND FAIRNESS IN ADMINISTRATION
WITH RESPECT TO PRE-TRIAL, TRIAL AND POST-TRIAL PROCESS
–

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•D. JURY INSTRUCTIONS
–PROVIDE TO JURY PRIOR TO THEIR DELIBERATIONS
–CONTAINS ALL LAW JURY NEEDS TO APPLY TO FACTS OF CASE TO REACH VERDICT
–STANDARD AND ROUTINE INSTRUCTIONS FORMULATED BY SUPREME COURT
–CASE SPECIFIC INSTRUCTIONS CREATED BY JUDGE WITH INPUT FROM LAWYERS
•

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•E.  JUDICIAL APPELLATE DECISIONS ESTALISHING LEGAL PRECEDENT
•GUIDE COURT AND LAWYERS ON CURRENT STATUS OF LAW ON RELEVENT ISSUES
•JUDGE OBLIGATED TO FOLLOW APPELLATE PRECEDENT IF FACTS AT ISSUE ARE ALLIGNED WITH FACTS CONTAINED
IN REPORTED APPELLATE DECISION(S)

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•IF FACTUAL ISSUE BEFORE JUDGE IS DISTINGUISHABLE FROM CITED LEGAL PRECEDENT, JUDGE IS NOT
OBLIGATED TO FOLLOW PURPORTED APPELLATE CASE LAW PRECEDENT
•IF NO LEGAL PRECEDENT EXISTS, JUDGE SHOULD USE COMMON LAW, COMMON SENSE AND RELEVENT CASE LAW
•

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•F.  COMMON LAW
•
–BODY OF LAW BASED UPON CUSTOM AND GENERAL PRINCIPLES, OFTEN TIMES EMBODIED IN APPELLATE CASE LAW
THAT SERVES AS PRECEDENT IN SITUATIONS NOT COVERED BY STATUTES

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•A REPORTED COURT DECISION BASED UPON COMMON LAW AS WITH A DECISION BASED UPON STATUTORY OR
CONSTITUTIONAL INTERPRETATION, BECOMES PART OF THE BODY OF LAW KNOWN AS STARE DECISIS THAT IS
PRECEDENT USED IN LATER CASES INVOLVING SIMILAR FACT PATTERNS
•

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•CONCEPT ORIGINATED IN ENGLAND IN MIDDLE AGES
•FLORIDA STATUTE 775.01 CODIFIES THIS CONCEPT
–“THE COMMON LAW OF ENGLAND IN RELATION TO CRIMES, EXCEPT  SO FAR AS THE SAME  RELATES TO THE MODES
AND DEGREES OF PUNISHMENT, SHALL BE OF FULL FORCE IN THIS STATE WHERE THERE IS NO EXISTING
PROVISION BY STATUTE ON THIS SUBJECT

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•THE END