Author: Elf
-
Tragedy Behind the Wheel: Understanding Manslaughter by Culpable Negligence, Vehicular Homicide, and
This article discusses the three most common charges for unintentional killings caused by drivers in Florida. These charges are manslaughter by culpable negligence, vehicular homicide, and DUI manslaughter. Each charge has different properties that lawyers should understand to best represent their clients. Manslaughter by culpable negligence, vehicular homicide, and DUI manslaughter are different charges for…
-
The Instruction on Reasonable Doubt: 200 Years of Sophistry is Enough
For the past 200 years, the definition of reasonable doubt in Florida has been confusing and difficult to understand. It’s time for a change. The current definition is filled with long, complicated words that even the person speaking them may not fully understand. This leads to jurors being deceived into thinking they are being given…
-
Criminal Lawyers or Lawyer Criminals? Ethics of the Criminal Defense Bar Under Attack
A stranger asked a farmer if there were any criminal lawyers in the area, and the farmer joked that they think so, but just haven’t been able to prove it yet. This joke reflects the negative view that many people have of lawyers, especially criminal defense lawyers. There have been many cases of lawyers getting…
-
Ask Not for Whom the Bell TollsâAsk Why: A Look at the Harassing Telelphone Call Statutes
People still use phones to bother and harass others, just like they did in 1980. In 1996, there were almost 600 complaints about this in Florida. But there isn’t much legal guidance for dealing with this problem. This article will look at the current laws in Florida and other places and suggest ways to interpret…
-
Search and Seizure in Florida Schools: The Effect of Police Involvement
In 1985, the Supreme Court ruled that school officials can search students if they have a good reason to believe the student broke the rules. The search has to be reasonable based on the situation. Police can also be involved in school searches if needed for safety reasons. In the T.L.O. case, a high school…
-
The Drugged Driver and the Need for a Per Se Law
In Florida, drunk driving is a big problem and causes a lot of accidents. To stop this, the state has two ways to catch drunk drivers. First, if someone is driving and their normal abilities are affected by alcohol, they can be found guilty of driving under the influence. Second, a person can also be…
-
Joint Criminal Trials with Multiple Juries: Why They Are Used and Suggested Ways to Implement Them
In cases where multiple people are accused of a crime, it can be difficult to have one trial for everyone because some evidence may only apply to one person. Traditionally, the options for the prosecutor are to have one trial without using certain evidence, to have one trial with the evidence edited to only apply…
-
Major Criminal Decisions of the U.S. Supreme Court 1997 Term
Buchanan was convicted of a serious crime and his lawyer tried to argue for a lesser punishment based on his age and mental capacity. The jury was told to consider all the evidence before deciding on the punishment. Buchanan wanted a new hearing, but the Supreme Court said the original instructions were enough. The Court…
-
Florida’s Anti-Money Laundering Statutes
The police are investigating a couple who are doing suspicious things with a lot of cash. They are depositing money into different bank accounts under different names and are avoiding reporting requirements. They are also paying off debts with cash from sales in Colombia and Venezuela. They are involved in a company that is accepting…
-
Tough Times in the Sunshine State
The Florida Legislature has passed new laws to crack down on repeat and violent criminals. These new measures take sentencing power away from judges and pressure prosecutors to avoid plea deals for these offenders. The laws also require harsher penalties for using firearms in crimes. The Department of Corrections has been given money to advertise…
-
Claims of Right in Theft and Robbery Prosecutions
In theft and robbery cases, a “claim of right” is when the defendant says they had a right to take the property from the victim. There are two types: a specific claim to the property, and a debt claim where the property pays off a debt. The defendant might actually have the right to the…
-
The Fellow Officer Rule and the Officer Assistance Statute in Florida: Separate Assessments of Prob
Police officers must have a good reason to arrest someone, called “probable cause.” Sometimes, one officer doesn’t see everything needed for probable cause, so they rely on other officers or citizens to help. In Florida, there are rules that allow for these kinds of arrests, like the “fellow officer” rule and the “officer assistance” statute.…
-
The Case Against Mandatory Reporting of Domestic Violence Injuries
The Florida Coalition Against Domestic Violence disagrees with a law proposal that would require doctors to report suspected domestic abuse. They argue that reporting could put the victim in danger, as the abuser may retaliate. They also explain that domestic violence is a gradual process of control and manipulation by the abuser, and that mandatory…
-
Legal Malpractice in the Criminal Context: Is Postconviction Relief Required?
In some states, criminal defendants are suing their lawyers for legal malpractice, claiming their lawyer didn’t do a good job. The courts are making it harder for these cases to go to trial. If you hire a lawyer and they don’t do their job properly, causing you to lose, you can sue them for legal…
-
A Profession for the New Millennium: Restoring Public Trust and Confidence in our System of Justice
Some criminal defendants are suing their old lawyers for not doing a good job. This is an emerging problem in the legal world. It’s hard for them to win these cases because of a special rule that makes it difficult to sue a lawyer for bad work. This article will explain how Florida and other…
-
A Dangerous Bend in an Ancient Road: The Use of Similar Fact Evidence for Corroboration
Recent Florida cases have ruled that similar fact evidence can be used to support a victim’s testimony in child molestation cases. However, this logic could lead to an expansion of the use of propensity evidence in other types of cases, which goes against general limitations. This could make the general limitation on the use of…
-
Major Criminal Law Decisions of the United States Supreme Court 1998-99 Term
Justice Breyer dissented in a case where a Florida inmate had been on death row for 23 years and had four unsuccessful appeals. He suggested that spending that long on death row without any fault of your own may violate the Eighth Amendment. The majority denied the inmate’s appeal without explanation. Jones was charged with…
-
Weiand v. State and Battered Spouse Syndrome: The Toothless Tigress Can Now Roar
In 1999, the Florida Supreme Court said that women in Florida can use battered spouse syndrome as a defense if they kill their abuser. This was a big deal because before that, a woman’s ability to defend herself from an abusive partner was limited. Kathleen Weiand killed her husband, Todd, and said she did it…
-
To Flee or Not to Flee: The Implications of Illinois v. Wardlow on the Practice of Criminal Law in
The debate over whether someone running from the police is guilty or not has been a hot topic for a long time. The Supreme Court recently had to make a decision in Illinois vs. Wardlow, and they didn’t exactly agree with either side. Instead of making a strict rule, they said that law enforcement has…
-
The Anatomy of Florida’s Corpus Delicti Doctrine
Corpus delicti is a legal doctrine that requires the state to prove that a crime has been committed before allowing a defendantâs confession to be used as evidence in court. This means that a confession alone is not enough to convict someone of a crime. The purpose of this rule is to make sure that…
-
First Appearance: So Much To Do, So Little Time
A person who has been arrested has to go to court within 24 hours for their first appearance. The judge tells them what they are charged with and if they have to pay bail. Even though it may seem simple, what happens at this hearing can affect the rest of the case. Itâs important for…
-
Sentencing Guidelines and Statutory Maximums in Florida: How Best to Respond to Apprendi
In 2000, the US Supreme Court made an important decision in the case of Apprendi v. New Jersey that could affect how sentencing guidelines are used in Florida. The decision may have overruled a previous decision by the Florida Supreme Court, and limited the impact of certain statutory language. This means that guideline sentences in…
-
When Is an Inconsistent Verdict Not Inconsistent?
When a jury finds a defendant guilty of bringing drugs into a prison but not guilty of possessing the same drugs, it’s an inconsistent verdict. In Florida, these kinds of verdicts are often allowed, even though they don’t make logical sense. Other states and the U.S. Supreme Court also allow inconsistent verdicts. In some cases,…
-
A Look at Probation and Community Control Revocation Proceedings in Light of Boyd and F.S. §901.02(1)
Over the past two years, there have been changes in the law and court decisions in Florida that have affected how criminal lawyers argue jurisdictional defenses in probation violation cases. Understanding and using the concept of jurisdiction is crucial for lawyers in these cases, as it can make the difference between a client going to…