In Re Standard Jury Instructions in Criminal Cases-Instructions 25. — Canady, J., Concurring in Part and Dissenting…

Summary

Justice Canady concurred in adopting most amendments to the drug-trafficking jury instructions but dissented from adding an instruction directing acquittal whenever the jury had a reasonable doubt about the defendant's knowledge of the illicit nature of the substance. He reasoned that constitutional law does not determine who bears the burden of proving an affirmative defense and that Florida's statutory scheme had not resolved whether the State or defendant bears that burden or what proof standard applies. Justice Pariente, concurring, defended retaining the reasonable-doubt language because the statute and existing instructions support placing the burden on the State once the defense is raised.