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: Criminal Procedure
Exercise Your Rights, Call Your Lawyer
Thanks to the foresight of our founding fathers and the continued vigilance of lawmakers since then, citizens of the United States have rights. When you are in an arrest or accusatory situation, you should exercise your rights by calling your lawyer before you talk to anyone. Nine times out of ten, a situation could haveRead More
The Crucial Role of a Criminal Defense Attorney
From the bestselling book, To Kill a Mockingbird, to the true-crime television show, “America’s Most Wanted,” and with many fictional arrests and courtroom scenes, the American public is saturated with the idea of the ideal role of a criminal defense attorney. Here are some ideas about a criminal defense attorney’s role. When an Attorney ShouldRead More
The Line Between a Felony and a Misdemeanor
Crimes have a general classification but can be broken down further into several categories depending on the level of severity. A crime can also be ranked as a felony or misdemeanor depending on the serious consequences of the criminal act. The categorization of a crime will influence how the case is handled, which is whyRead More
Is It Time to Axe Bite-Mark Testimony?
Evidence in Criminal Proceedings Evidence is the mainstay for timely resolution of criminal proceedings. It provides the agreeable stand on which the court—judge(s) or jury—makes convictions and acquittals. Understandably, evidence admitted for consideration exists in different forms. Traditionally, these forms include testimony of witnesses, video and/or image data, and forensic evidence—DNA or bite-mark testimony. HowRead More
Should Kids Be Allowed to Waive Miranda Rights?
Miranda Rights The chances that you have heard a version of the Miranda Rights are high. You do not have to be a crime suspect to have heard it, thanks in part to criminal TV shows and their ubiquitous Miranda warnings read aloud by police officers to criminal defendants as at the time of theRead More
The Connection Between Expert Witness and Ineffective Assistance
Effective Assistance One of the primary appeals of the United States of America and its Constitution is the protection of the fundamental rights of citizens. The Sixth Amendment guarantees certain fundamental rights of all citizens. A few of these rights include fair and impartial trials, a speedy trial without undue delay, a jury of peers,Read More
Why DNA is not Foolproof
DNA Evidence To be fair, DNA evidence would go down in history as one the most influential technologies by the criminal justice system. However, its much-touted “infallibility” is falling like a pack of cards in the face of growing technological scrutiny. DNA Evidence is Fallible For the layman, the premise of using DNA evidence isRead More
Financial Bail: How It Distorts Legal Fairness
Introduction A healthy legal system is one that carries out regular reforms to reflect existing values of the society. Over the last decade, a major issue plaguing the criminal justice system has been the high population of incarcerated individuals, which has led to an overpopulation of the jails and prisons. This is in sharp contrastRead 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