Recent Blog Posts
Miranda Rights and Juveniles: Are Kids Old Enough To Waive Miranda Rights?
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney before speaking to the police and to have one in the future. If you cannot afford one, one will be appointed to you…”… Read More »
Bite-Mark Testimony Under Fire: Commission Recommends Ban on its Use
In criminal proceedings, there are different types of evidence that may be admitted for the consideration of the jury to determine whether or not a criminal defendant is innocent or guilty beyond a reasonable doubt. This type of evidence can be based on testimony of witnesses, video and image data, and forensic evidence such… Read More »
Is Not Calling a Specific Expert Witness Considered Ineffective Assistance?
Our Constitution protects citizens’ fundamental rights. The Sixth Amendment ensures that all citizens are guaranteed fair and impartial trials, a jury of their peers, a speedy trial without undue delay, and effective assistance from counsel, to name a few. The right to effective assistance is a crucial right, but one that has been subject… Read More »
The Fundamental Error Doctrine in Appellate Review
In criminal proceedings, the first goal of every trial is ensure that fairness and partiality are preserved. There are rules of evidence and procedure to ensure that criminal proceedings are transparent and open, where everyone is provided the same opportunity to receive a fair and speedy trial, with effective assistance, in front of a… Read More »
Florida Supreme Court Rules that Pre-Arrest, Pre-Miranda Rights Silence Cannot Be Introduced as Substantive Evidence of Guilt
When you are the criminal defendant under criminal investigation, every action or non-action is considered, included in a report, and as the old adage states, “can be used against you in a court of law.” This is because our society looks to actions, conduct, and behavior to determine the probability that a person is… Read More »
Human Trafficking to Join the List of Felonies that Predicate The Felony Murder Rule in Florida
Over the last decade, there has been a significant push in the United States and worldwide to curb the prevalence and impact of human trafficking. Investigations into human trafficking has revealed how significant and pervasive the practice really is, especially in United States, and in particular in Florida. Tampa, for example, has been cited… Read More »
Food Stamp Trafficking and the Crime of Being Poor
In Florida, the economic recession back in 2008 had a serious impact on the working citizens within the state. Jobs became less widely available and more and more of Florida’s poor had to turn to food stamps and other public benefits in order to survive. The most widely used federal program, the Supplemental Nutrition… Read More »
Is There a Place in Our Society for Smart Gun Technology? Can It Stop Accidental Shootings?
Gun violence has soared out of control over the last decade, and more significantly in the last couple of years. It has been estimated that since mid-April, there have been at least 23 people who have been shot and killed accidentally by a toddler between the ages of 1 and 3 years of age…. Read More »
Judges May Compel Criminal Defendants to Provide Their Fingerprints to Unlock Fingerprint-Secure Smartphones and Devices
In our over-vigilant society, security and privacy are of the utmost importance to us. This is particularly important since we no longer leave our valuable information in file cabinets, but place them in clouds and on our phones, hovering in the ethereal until they are needed. Companies like Apple and Android, in an attempt… Read More »
The Dangers of Cargo Theft and How Stolen Food Products Make Their Way Into Restaurants and Stores
In Florida, there are several types of thefts that could get a thief thrown into jail for a significant amount of time. Most recently, a lesser-known but dangerous type of theft has come to light and has been impacting Floridians’ health: cargo theft. Cargo theft is the act of targeting commercial vehicles carrying products… Read More »