Category Archives: Criminal Defense Advice
The History and Importance of Mandatory Prison Sentences in Florida
Mandatory prison sentences were put into place to provide guidelines to the criminal justice system regarding the appropriate sentence range that would fit certain offenses and felonies. Consistency, in our criminal justice system, is equated with fairness, enforcing the ethos that when a person commits a crime, no matter who they are and what… Read More »
Mug Shots: Government Transparency or Public Shaming?
Florida has a long-standing tradition, since 1909, to make sure that all government business is laid bare to the constituents. This means that for more than 100 years, Florida has made available all records, which includes images and videos, to the public barring a few tailored exceptions. The understanding is that all business is… Read More »
Is Predictive Data Used for Sentencing and Recidivism Rate a Violation of Due Process Rights?
Around the country, the criminal justice system has benefited significantly from teaming up with technological advances. Compas, also known as, the Correctional Offender Management Profiling for Alternative Sanctions, is one of the technological advances that have aided in reviewing statistical data, and has create an algorithm to determine whether or not someone is more… 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 »
Does Facial Recognition Software Have a Racial Bias?
Whenever new technology is introduced, there is always fanfare and concerns associated with its emergence. Technology has had a significant impact on our daily lives, aiding in activities, education, as well as, police work. One of the more controversial technologies to emerge has been facial recognition software. Facial recognition software is designed to take… Read More »
What is a “Citizen’s Arrest” and How It May Lead to False Imprisonment If Performed Incorrectly
Our society promotes the idea of the “hero” – a woman or man who steps up courageously to help, save, or aid another person who is in trouble. Though not everyone is going to be a superhero, we see there is a push toward being a good citizen and a good Samaritan in the… Read More »
The First Amendment Exemption of Video, Images, and Photos of Graphic Material in the Media
Freedom of speech, provided by the First Amendment of the Constitution, is one of the most important protections for citizens of the United States. There is a reason why it was encapsulated in the First Amendment, due to its significance as what America promised when it was first established. The right of freedom of… Read More »