Category Archives: Florida Law
Florida Supreme Court Once Again Reverses Itself & Decides That Juveniles Can Be Sentenced for More Than 20 Years
The Florida Supreme Court has once again made an astonishing decision reversing its previous decision on what constitutes cruel and unusual punishment under the Eighth Amendment of the U.S. Constitution. After shocking the state and, indeed, the entire country when, in January, it found that the court erred in 2016 when it ruled that… Read More »
Department Of Education Backtracks On Rolling Back Civil Rights Protections for Students in Schools
During the week of November 21, the Education Department announced that it was reversing a controversial decision on how the federal government handles civil rights complaints filed by students and their families; i.e. that it would no longer be dismissing cases that are filed en masse. This announcement could impact thousands of families, especially… Read More »
This November, Florida May Finally Do Something about Outdated Mandatory Minimum Sentencing
While Florida has rolled back some of its harsher mandatory minimum sentencing laws, many are still stuck with sentences that are years or even decades longer than those convicted of similar crimes today. However, a referendum on the state ballot this November could change that: Amendment 11 would allow the state legislature to retroactively… Read More »
Florida Jury Finds That Officers Cannot Seize Accident Bystanders’ Cell Phones for Evidence
An important decision to come out of Martin County, Florida in early October could have statewide implications for establishing limitations on law enforcement’s ability to collect smart phones in roadside contexts. The jury decided that a deputy violated a resident’s civil rights when he grabbed a bystander’s cell phone and told him that any… Read More »
Florida City Commissioner Charged with Murder: Second Spotlight on Florida’s Stand Your Ground Law
Florida’s “stand your ground” law is once again under the spotlight as a Lakeland, Florida city commissioner (Michael Dunn) is now facing second-degree murder charges after shooting an alleged shoplifter at his store earlier this month (October). According to the footage obtained by police, the victim hid a hatchet from the store under his… Read More »
Florida Judge Points Out How Repeated Prosecution of Innocent Man Shows That System Is Flawed
No state in the U.S. has had more death-penalty convictions overturned than Florida; most of them involving convictions where defendants arguably did not have the financial resources to properly defend themselves. One particular death penalty case here in Florida has drawn significant coverage this month (October) because of the arguably abhorrent levels of injustice… Read More »
Florida’s New Opioid Law Has Doctors Concerned
Florida’s new opioid law has a number of doctors concerned; namely because it does not just cover opioids, but a host of other drugs. Specifically, the law covers almost all medications currently classified as “Schedule II through V drugs,” including anti-seizure medications, Adderall, Ambien, ADHD medications, Ritalin, steroids, and Xanax. While it does not… Read More »
The Crime of Forgery Under Florida Law
Illegal or not, forgery truly is an art, and like all great pieces of art, there is a great story behind every forged piece. For instance, in 1962, three kids from Tennessee – all aged between 14 and 17 – were caught melting down their town soldiers to make their own coins. While they… Read More »
What is Double Jeopardy?
The right to be free from double jeopardy arises from the Fifth Amendment to the U.S. Constitution, which states that no person shall “be subject for the same offense to be twice put in jeopardy of life and limb.” Florida’s state constitution reiterates this protection in Article 1, Section 9. In a nutshell, the… Read More »
