Category: Florida BAR article
-
Adoption of Daubert in the Amendment to F.S. §90.702 Tightens the Rules for Admissibility of Expert Witness Testimony
About 20 years ago, the U.S. Supreme Court changed the rules for allowing expert testimony in court cases. They said that expert witnesses have to meet certain criteria, like having enough facts and using reliable methods. Most states, including Florida, adopted these rules. This means that expert witnesses need to meet specific requirements in order…
-
Protecting the Elderly from Financial Exploitation: The Dilemma and Solution, Part II
If someone with a disability has been taken advantage of financially, they can take legal action against the person who exploited them. But it can be hard to prove that the transfer of money or property was not a gift or payment for services. It’s also difficult for other people to make a claim for…
-
Protecting the Elderly from Financial Exploitation: The Dilemma and Solution, Part I
Approximately 5 million Americans have dementia, and about half of people over 85 have Alzheimer’s or another type of dementia. As the population ages, the number of people with diminished capacity is increasing. By 2050, 20% of the US population will be over 65. In 2011, 65% of men and 38% of women in this…
-
Grandparents, Guns, and Guardianship: Incapacity and the Right to Bear Arms
The Bill of Rights lists the most important rights for U.S. citizens. The Second Amendment gives people the right to own guns, but it can still be regulated by the government. Florida also protects this right. When someone is found to be unable to make decisions for themselves, a guardian can be appointed to help…
-
The Longstanding Concept of Abandonment of the Homestead Did Not Survive the 1985 Amendments to the Florida Constitution
In 1984, Florida voters changed the state constitution to protect more people’s homes. Before the change, only families were protected. After the change, single people and those without dependents were also protected. This meant that it was harder for the government or creditors to take away someone’s home, even if they were single. The Florida…
-
Sexually Violent Predator Commitment Proceedings: A Proposal for Rules of Procedure
For the past two years, Florida has been trying to involuntarily commit sexually violent predators. This means they want to put people who have committed serious sex crimes in a secure facility for long-term treatment because they are likely to commit these crimes again. About 15 cases have gone to trial for this, and a…
-
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…
-
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,…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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.…
-
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…
-
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…
-
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…
-
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…
-
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…