Author Archives: Jay Butchko
Slender Man “Follower” Strikes Again: Is the Creator of Slender Man to Blame?
Recently, there have been acts of violence committed by teenagers obsessed and worshipping a fictional character by the name of Slender Man. A few months ago, two teens in Wisconsin lured a friend into the woods, and stabbed her 19 times, incurring serious injury to the girl who was later found alive. The teens… Read More »
Supreme Court Strikes Down Florida’s Death Penalty “IQ Standard”
As devised by the United States Constitution, punishment must be determined based on the manner and degree of the crime committed. It is important that what a defendant is ultimately sentenced to fits the offense committed. The basic tenets of the Eighth Amendment’s “cruel and unusual punishment” prohibition is on the forefront of lawmakers… Read More »
“To Catch a Predator”: Good Police Work or Entrapment?
“To Catch a Predator” has received an incredible amount of attention over the last ten years due largely to our culture’s desire to witness scandal and to catch bad guys who are about to commit a crime. Local law enforcement in South Florida has taken the premise of “To Catch a Predator” to a… Read More »
A New Look at Cruel and Unusual Punishment in Florida
The issue of cruel and unusual punishment for offenders of sex crimes in Florida has recently been pushed into the limelight when a convicted sex offender requested physical castration as part of his sentencing. The controversial use of castration to sentence and punish offenders of sex crime has been a practice seen in several… Read More »
New Amendments to Florida’s Victims of Wrongful Incarceration Act: Is the Money Enough?
In the last few months, the Florida Senate passed amendments to the Victims of Wrongful Incarceration Act, which provided further elucidation and clarification on the administrative process that wrongfully incarcerated persons must use in order to qualify and receive compensation from the state. The provisions took effect on July 1, 2014 and required the person… Read More »
The Use of Social Media in Pre-Trial Investigation of Prospective Jurors
One of the most important aspects of a criminal trial is the voir dire procedure, a process by which jurors are selected before a trial begins to ensure that the defendant’s case will be heard by a panel of his impartial peers. The procedure requires that each prospective juror be asked a series of questions to ascertain… Read More »
“Warning Shots” Included into the Scope of Florida Stand Your Ground Legislation
Governor Rick Scott signed into law in late June of this year an addition to Florida’s “Stand Your Ground” legislation that provides immunity and protection to Floridian defendants who fire a warning shot or threaten to use a gun in self-defense. The amendment to the current Stand Your Ground legislation was written in response to a recent case of Marissa Alexander who… Read More »
In the Defense of Effective Assistance for Indigent Defendants in Florida
In the last year, the Florida Supreme Court has redefined the understanding of what effective advocacy means with regards to indigent defendants. The Florida Supreme Court recently decided that public defenders, who are overwhelmed by excessive caseloads, may be permitted to withdraw if they can show that the excessive workload would hinder their ability to effectively… Read More »
Florida Supreme Court Alters Habitual Traffic Offender Prosecutions
In July of last year, the Florida Supreme Court issued a ruling that’s certain to have lasting consequences for defendants facing charges for DUI and other traffic offenses. Florida, like many other states, has what’s known as a habitual traffic offender statute. Under this law, anyone who commits repeated (three or more) motor vehicle offenses in a five-year period – including DUI, vehicular manslaughter,… Read More »
One Gun, Many Crimes
The federal firearms laws are structured such that one act of wrongdoing often constitutes multiple offenses. As a result, the potential sentence facing a defendant who commits a firearms offense is often significantly greater than one would expect. In general, however, the Constitution’s Double Jeopardy clause prevents so-called “duplicative” or “multiplicative” prosecutions, wherein one wrongful act is treated as two… Read More »