Florida's Prove Yourself Innocent Absurdity: Florida's Prescription Drug Affirmative Defense
8 Stetson J. Advoc. & L. 97 (2021), https://www2.stetson.edu/advocacy-journal/floridas-prove-yourself-innocent-absurdity-floridas-prescription-drug-affirmative-defense/
15 Pages Posted: 14 Oct 2021
Date Written: September 7, 2021
Very little guidance is available to the practitioner for navigating Florida's Jury instruction 3.6(n) dealing with the affirmative defense of prescription drug. This article attempts to remedy that deficiency by proposing a useful framework by which trial courts and criminal law practitioners can understand and apply the seemingly contradictory instructions contained in 3.6(n).
Keywords: prescription, jury instruction, Florida, 3.6(n), affirmative defense, Florida criminal law
JEL Classification: K14, K41
Suggested Citation: Suggested Citation