The 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 ReadingOn behalf of Jay Rooth of Moses and Rooth Attorneys at Law posted inCriminal Justice on Monday, April 22, 2013. A broken criminal justice system benefits no one. When the system is defined by corruption, inconsistencies and dysfunction, the accused, victims and even prosecutors suffer undesirable consequences. In recent years, it has become apparent that even strong criminal defense...
Continue Reading“You have the right to remain silent.” While not all Americans understand that this sentence is the beginning of one’s Miranda rights, nearly all adult Americans understand that this right exists. Popular movies and television programs have taught the public that when you are arrested, you can refuse to speak to law enforcement until you have an attorney present....
Continue ReadingPolice in Eustis recently concluded what they described as an “extensive investigation” by arresting three men and a woman whom they believe were selling drugs. Late last week, authorities — including Eustis, Tavares and Leesburg police, SWAT teams and DEA agents — raided two homes, one on East Gottsche Avenue and the other on Clifford Avenue. They said they...
Continue ReadingMuch research has been done in recent years on the effects that solitary confinement has on inmates. Studies suggest that improper and over-zealous use of solitary confinement can severely harm inmates both mentally and physically. Florida is in a unique position to rectify some of these preventable wrongs. As the state which incarcerates more juvenile offenses than any other,...
Continue ReadingPeople in Florida convicted of drug crimes often face stiff penalties. Part of their punishment usually includes time behind bars. However, is that really the best place for them? More than 2 million people are currently serving time behind bars. About half of those serving time in a federal prison are there for drug-related crimes. The United States has...
Continue ReadingJudges in two Florida counties are mandating the use of GPS trackers in certain cases they deem to be high-risk. Individuals accused of committing acts of domestic violence in Osceola and Orange counties may be fitted with GPS devices designed to warn those associated with orders of protection in the event that their alleged abuser comes too close. At...
Continue ReadingBreathalyzer devices are routinely used to determine the blood alcohol content (BAC) of individuals who are suspected of driving under the influence (DUI). The readings obtained from these devices are then used against a given suspect in court, should the results indicate that the suspect’s BAC is over the legal limit of .08 for adults aged 21 and older....
Continue ReadingThe criminal justice system both serves to hold criminal offenders accountable for their behavior and to ensure that the rights of anyone accused or convicted of criminal behavior are respected. A long-recognized right of those forced to mount a formal criminal defense is that of double jeopardy protection. This right is critical, but is widely misunderstood. Double jeopardy protection...
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