Category Archives: Criminal Law
Supreme Court Opens the Door for States to Prosecute Illegal Immigrants, While Florida Fails to Address Issue of Inmates Serving Outdated Sentences for Drug Crimes
Unfortunately, the beginning of March has already dealt a significant blow to criminal justice, both at the federal level and here in Florida: While the U.S. Supreme Court increased the ability for states to criminally prosecute illegal immigrants over work authorization fraud, overriding existing federal law in doing so, Florida lawmakers entered the final… Read More »
U.S. Supreme Court to Hear Important Fourth Amendment Seizure Case Involving Excessive Force & Police Shootings
In March, the U.S. Supreme Court will hear Torres v. Madrid, an important Fourth Amendment search and seizure case for which there is currently a split amongst the U.S. Court of Appeals, including the 11th Circuit (which covers Florida) and one that is very important to what is considered a “seizure” in criminal cases…. Read More »
Florida Group Urges State Attorney General to Prosecute Schools Over Reading Materials
It may soon be a crime to include certain types of materials in school curriculums here in Florida: In January, the Florida Citizens Alliance urged the state Attorney General to prosecute any schools that are making certain materials available to children; materials that it deems offensive because they include explicit sex scenes and information… Read More »
Florida Supreme Court Throws Law into Chaos by Removing Unanimity Requirement for Death Penalty
A recent ruling out of the Florida Supreme Court indicating that it erred in 2016 when it ruled that a jury must be unanimous in sentencing a defendant to death has a number of criminal defendants and criminal justice advocates concerned and has unquestionably muddled existing law, leaving many wondering whether the state legislature… Read More »
First Person Charged & Convicted Under Florida’s New ‘Red Flag’ Law
The first person charged under Florida’s new ‘red flag’ law – passed in an effort to prevent another Parkland school shooting – was found guilty in December. The law allows law enforcement to confiscate an individual’s weapons if they deem that the individual poses a danger to themselves or others. It also allows them… Read More »
U.S. Supreme Court Considers Crucial Criminal Defendants’ Rights, Including Survival of Insanity Defense
In October, the U.S. Supreme Court heard oral arguments in two very important criminal cases: Kahler v. Kansas, which examines whether states can legally eliminate the insanity defense, or whether that violates citizens’ eighth and 14th Amendment rights, and Ramos v. Louisiana, which considers whether the 14th Amendment requires states to guarantee the Sixth… Read More »
Florida’s ‘Stand Your Ground’ Law Now On Trial
We’ve previously discussed the requirements that go along with Florida’s ‘Stand Your Ground’ law, which effectively allows a person to be immune from criminal prosecution if they take lethal action against someone if the reasonably felt that it was necessary to prevent “great bodily harm” or “imminent death.” However, the trial of the notorious… Read More »
Florida Appeals Court Rules That Defendant Does Not Have to Turn Over Cell Phone Passcode in Response to Warrant
In June, one Florida appeals court made a very important decision in siding with a criminal defendant who refused to turn over his cell phone passcode to the police; even though they had first obtained a warrant. This is an issue with courts around the country, which are unquestionably struggling to find common legal… Read More »
New Data Indicates That Only Two Percent of Federal Criminal Defendants Go to Trial, And Most Are Found Guilty
Recent data collected by the federal judiciary and analyzed by the Pew Research Center paints a bleak picture of a system that arguably denies justice to criminal defendants, especially when it comes to federal cases, in particular. According to the data, approximately 80,000 people were federal criminal defendants during the 2018 fiscal year, but… Read More »
Florida Makes It a Crime to Own, Distribute, Etc. “Childlike Sex Dolls”
In late May, Florida banned (i.e. makes it a crime to engage in) owning, distributing, and engaging in a number of other activities with respect to childlike sex dolls. Amongst other activities, the law prohibits someone from “knowingly having in their possession, custody, or control an obscene childlike sex doll” under the justification that… Read More »
