When most people think about criminal procedures and processes, the first thing that often comes to mind are their favorite criminal drama TV shows like CSI or NYPD Blue. What they don’t realize is that in real life, the Florida Rules of Criminal Procedure dictate how the criminal case should move forward. One also hasRead More
Category: Supreme Court Decision
Pre-Arrest Investigation Rights in Florida Criminal Cases
If you’ve watched any of the Hollywood blockbuster movies that have a crime-related storyline, then you will have noticed that one of the things that cops do when arresting someone is to read them what’s known as the “Miranda warning.” This warning typically reads as follows: You have the right to remain silent. What youRead More
Florida “Murderabilia” and “Son of Sam” Laws
It is the times really, crime fascinates our society, and the morbid curiosity for all things crime can be nauseating at extreme levels. The biggest culprits for the advance of this crime fascination are the media and cinema. Heinous crimes get plenty of media attention, prime networks fall over each other to get exclusives fromRead More
Supreme Court to Law Enforcement: Do Not Freeze Untainted Assets
The precedent was set in 1989. In a United States v. Monsanto case, the Supreme Court held that a suspect who violated the Continuing Criminal Enterprise (CCE) and the Racketeer Influenced and Corrupt Organizations (RICO) should not have access to the funds obtained through illegal activity. Accordingly, the criminal defendant may not use the illegalRead More
Florida’s Death Penalty Sentencing System is Unconstitutional as per US Supreme Court Rule
The State of Florida has one of the highest death penalty rates in the country. This comes to no surprise as many of its citizens are some of the strongest proponents of capital punishment. However, the state is now facing a significant issue regarding death penalty, which may eventually lead to major amendments in theirRead More
Consumer Rights
In the quest for a better and more comfortable life, man has various types of technological gadgets. This has opened up the tech age on which we are part of now. Even if the technological era has made our life simpler, it also brought some disadvantages. It appears that some of the technologies we areRead More
How Far Can The Government Go In Freezing Untainted Assets of Individuals Charged With Crimes?
The constitution basically provides protection for an individual who has been arrested for committing a crime. There are rights that remain effective even before court procedures commence. Because freedom is at stake in the process, the 5th and 6th Amendment ensures that an individual will have legal assistance. An accused can choose the attorney toRead More
Supreme Court Issues Decision on Felon Firearm Transfer Policy
Just recently, a longstanding debate on the issue of felon’s gun transfer rights has been settled. It can be recalled that gun possession and transfer rights of convicted individuals have been the highlight of some legal battles. According to the US Supreme Court, there is a specific federal law that prevents felons from owning andRead More
Child-Abuse Testimonies: Not Covered By the Confrontation Clause
When undergoing litigation, criminal defendants are given the power to invoke and use their constitutional right to cross-examine accusers. This is a right that is specifically stated in the Confrontation Clause. This clause is quite logical since it is understood that when an individual is put on trial, his future and freedom are at riskRead More
Police Roadside Stop Hell – Not so Fast says U.S. Supreme Court
Intentionally Prolonged police traffic stops so they can wait for drug-sniffing dogs were a nice try but not kosher if you are following the United States Constitution. The U.S. Supreme Court called a Foul for law enforcement to engage in prolonged vehicle stops on the side of the road, which is equivalent to an arrestRead More