Earlier this month, Florida legislators effectively enacted a bong ban. What does this piece of legislation mean practically for Floridians? Essentially, it is now illegal to intentionally sell devices used to facilitate the enjoyment of marijuana. Though violations of this device distribution ban will not be punished as severely as other drug crimes are, it will place certain businesses...
Continue ReadingSeveral days ago, the First District Court of Appeals held that Florida may privatize its prison healthcare system. This broadly means that rather than assuming responsibility for the care of its prisoners, a private healthcare contractor or set of contractors will be tasked with that challenge. While this decision may ease certain budgetary burdens plaguing the state, it may...
Continue ReadingIn 2003, Congress passed the Prison Rape Elimination Act. Last year, the Justice Department finally released a list of prevention measures that prisons and jails receiving federal money must follow as a measure of enforcing this law. In essence, the 2003 law both insists on a zero tolerance policy with regards to inmate rape and on the implementation of...
Continue ReadingFlorida criminal defendants too poor to afford their own representation may soon find themselves represented by counsel not employed as public defenders. When confronted with an overburdened criminal defense system, the Florida Supreme Court recently opted to value the rights of the criminally accused over certain interests of the state’s tax payers. In essence, the court ruled that if...
Continue ReadingBoth federal and state criminal laws often provide for certain release valves to be used in the event that it makes more sense from a values balancing standpoint to release a prisoner or mitigate his or her imprisonment terms than to keep that prisoner locked away. The criminal justice system seeks in part to balance the needs of public...
Continue ReadingA foundational principle of the American criminal justice system is predictability. Only when both crimes and punishment are clearly outlined and the law is applied similarly in similar situations may citizens make informed decisions about remaining inbounds of the law. When any necessary criminal law is predictable and universally applied, holding individuals accountable for breaking the law becomes less...
Continue ReadingThe criminal justice system generally seeks to balance the safety of the public with the rights of those who have been accused or convicted of criminal activity. When individuals are convicted of sex crimes, many are compelled to register with state and federal officials in the name of public safety. These offenders have their names, residences, personal information and...
Continue ReadingPolice misconduct can occur on a number of different levels. An officer may leave pertinent information out of a police report, conduct an identification process that crosses lines or even become overly physical during an arrest, and there are consequences for the violation of citizen rights or limitations set out by law. Consequences include the exclusion of evidence that...
Continue ReadingOperation SpiderWeb 2 was the name police authorities gave to an internet-based scheme to catch sex offenders attempting to solicit minors in Orange County, Florida. The sex sting led to the arrest of 31 Florida males who were lured to the arrest location by police drafted online posts offering “fun” with underage kids. The Orange County sheriff stated to...
Continue ReadingA controversial Florida law is currently being challenged before a federal appeals court. The state law aims to withhold benefits from welfare applicants who may be guilty of certain drug crimes by requiring that they purchase and pass a drug screening test before they may be granted food stamps, child care subsidies and other welfare benefits. The law is...
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