Category Archives: Criminal Law
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 »
Facial Recognition Programs—Although Never Mentioned in Court—Have Become a Routine Policing Tool
Every year, more and more police departments around the country purchase and rely on facial recognition software in arresting people and accusing them of committing crimes; in and outside of Florida. This market, which includes law-enforcement at local state and federal levels, is expected to reach $375 million by 2025. In a nutshell, facial… Read More »
A Look at Current White Collar Crime Prosecutions
According to the latest statistics, the administration is now increasingly prosecuting white-collar crime. However, these prosecution numbers are still far below those seen during the 2008-2009 financial crisis. For example, no one at Wells Fargo faced any criminal charges thus far for creating deposit and credit card accounts for customers without their knowledge or… Read More »
In Florida, Criminal Defendants Can Be Convicted Without First Being Able to Challenge Computer Programs That Falsely Identified Them
The Florida Supreme Court was recently petitioned to address an issue that has long violated the constitutional, due process rights of criminal defendants here in Florida. While in most states, defendants have the right to challenge the accuracy of a face recognition system that leads to criminal charges, in Florida, that has never been… Read More »
Two Proposed Bills in Florida Could Decrease the Number of People Charged with Felony Theft and Increase the Number of People Charged with Animal Cruelty
Two bills proposed in the Florida legislature could make a significant difference when it comes to criminal charges. One would increase the value threshold that is required to charge someone with a felony for theft, while the other one punishes pet owners who abandon their pets during manmade or natural disasters, such as hurricanes,… Read More »
The “Alternative Facts” Issues With Our Criminal Justice System
Ten years ago, the National Academy of Sciences sounded the alarm on the shortcomings of forensic science techniques and how they have led to the wrongful conviction of a number of defendants in our criminal justice system. Since then, a number of follow-up studies have been done, revealing a consistent pattern of crime lab… Read More »
“Gay and Transgender Panic Defense” Could Soon No Longer Be Available To Criminal Defendants
The “gay and transgender panic” criminal defense has been around for a long time, dating back to homosexuality being listed in the Diagnostic Manual of Mental Disorders. Extremely controversial, the defense effectively allows a murder conviction to be downgraded to manslaughter, negligent homicide, or another lesser charge if the defendant claims that they suffered… Read More »
When Defamation & Free Speech Turns Into a Crime
While many people assume that defamation is an issue for civil court, in fact, a number of states also have laws that make defamation a criminal act, including in Florida. In Florida, any person convicted of the publication of libel is guilty of a first degree misdemeanor, and that includes the owner or editor… Read More »
