Recent Blog Posts
What’s in a Face?… Maybe a Harsher Sentence
Our society upholds the ethos that justice is blind, that no matter who you are and what you look like the correct and just verdict will be handed down based on the offense committed, the substantial advocacy and defense by an effective attorney, and the deliberations of a whole jury panel of our peers…. Read More »
“A Year and a Day Rule”; The Retroactivity of an Abolished Criminal Defense
In the criminal justice system, there are certain safeguards that protect both criminal defendants and victims of crime by attempting to provide certain laws and rules that are beneficial to the parties. Criminal defendants, however, because of the possible loss of life and liberty as a result of a negative ruling, are protected by… Read More »
The Criminality of Assisted Suicide and Other End of Life Modalities in Florida
American society and the laws and regulations that define it are not created in a vacuum. Though it is advocated that church and state be separate principles under the law, there are many religious concepts that find themselves manifested in the legal system. Sometimes it is in simple ways, such as taking the moral… Read More »
Cyberstalking and Cyberharassment and Conspiracy
Now, more than ever, state and federal laws are attempting to catch up with the progress of technology by beginning to punish men and women for crimes committed through technology. Two of the major offenses that are being pushed through around the country are cyberstalking and cyberharassment laws, redefining the crime of stalking and… Read More »
“Stand Your Ground” Florida Supreme Court Holding: Criminal Defendants Have Burden of Proof to Demonstrate Justified Use of Force
“Stand your ground” legislation in Florida has been a significant aspect of the criminal justice system. Florida is one of the few states that protects the right of a person to use deadly force when threatened with great bodily harm or the possibility of death. The Florida Supreme Court came out with a ruling… Read More »
The Right of the Use of Deadly Force Against Prison Escapees
Two convicted murderers who escaped from a maximum security prison in New York and who were recently found by authorities has shed light on the issue of deadly force that can be used by an officer. One of the two escapees was shot dead while being pursued on foot by officers, while the other… Read More »
Faulty Jury Instructions for 16 Years in Florida Lead to Retrials and Plea Deals
Interpretation in the law is sometimes more important than the law itself. If a law is written ambiguously and the ambiguity is understood by the jury in a way not originally intended, the criminal defendant may suffer the consequences. That is the case in Florida, where over the last 15 years more than 100… Read More »
“Ban the Box” Legislation and Employment for Criminal Defendants
One of the main factors which help to keep ex-felons from returning to prison is their ability to find employment. Unemployment is one of the most deciding factors when reflecting the recidivism rate for ex-convicted felons. The answer seems obvious: if you’re an ex-felon, go out, get a job, and be a productive member… Read More »
The Voir Dire Dilemma: Social Media and Attorney Snooping
The members of a criminal defendant’s jury are extremely important, as well as the voir dire process to select these members. Because jury members are only human, how they think, how they feel, and their experiences in life are all relevant to how they will decide a criminal verdict. Voir dire is the process… Read More »
Confrontation Clause Does Not Extend to Child-Abuse Testimony
When witness testimony has put a criminal defendant on trial, the Constitution’s Confrontation Clause requires that each and every criminal defendant should have the right to cross-examine his/her accuser. The purpose is that no one can stand behind anonymity when someone’s life and liberty could be taken away. This does not only apply to… Read More »