But we do suggest that cases such as this, where multiple theories of liability are asserted, are the ones most suited to the use of special verdicts, because special verdicts will often obviate the necessity of deciding difficult legal questions which are not essential to an appropriate disposition of the controversy.
Lombardero, Do Special Verdicts Improve the Structure of Jury Decision-Making?
This author's guess is that even if new procedures are adopted, prosecutors in the vast majority of criminal cases will obviate the need for special verdicts and penalty phase proceedings by stipulating to a guideline sentence no higher than the statutory maximum.
Rather than invent a cumbersome process of special verdicts and penalty phase proceedings in order to save that language from unconstitutionality, Florida should abandon the language, returning to the rule followed in Florida prior to 1994 and adopted in all other jurisdictions with sentencing guidelines, that a guideline sentence may not exceed the statutory maximum.
As a result of this deeply ingrained preference for general verdicts, it is widely agreed that special verdicts are improper in criminal cases.
Criticizing the use of special verdicts, Justice Holmes wrote that it is unwise to make the law more scientific if, in the process, it becomes less just.
Tools like special verdicts
or interrogatories arc virtually useless under these circumstances.
First, a special verdict form indicating that a defendant was found guilty of first-degree murder based on a premeditated murder theory would obviate the need for the trial court to perform the requisite felony murder analysis under Enmund v.
I continue to believe that this court has the authority to require special interrogatories and since the court does not believe that it has that authority, I urge, as did Justice Cantero before me, that there be changes to the death penalty statute to allow for the use of special verdict forms," Pariente concluded.
The jury rendered a series of special verdicts that awarded damages to the plaintiffs.
14, 2000, the Court of Appeal for the Fourth District issued a final decision that a series of special verdicts issued by the jury were irreconcilable.
Automobile collision; comparative negligence; single claimant and defendant; no counterclaim; no-fault <begin strikethrough>threshold<end strikethrough> issue; witnesses testifying in foreign language; instructions for beginning and end of case; use of special verdict
in burden of proof and damage instructions