When national crime rates reach all-time lows, one would expect that America’s federal prison population rate would similarly be situated at an all-time low. On the contrary, federal prisons are currently operating at a rate nearly forty percent above their capacity, despite record lows in national crime rates. Partially in response to this gross inconsistency, Congress has created an...
Continue ReadingThe criminal justice system functions most basically on two levels. First, the system seeks to protect the public by deterring crime, prosecuting those crimes that occur and preventing former criminals from reoffending. Second, the system seeks to respect the rights of those who are accused, those who are convicted and those who have been released back into society. Too...
Continue ReadingThanks to a startling number of references in television, books and movies, most American adults understand their basic Miranda rights, even if they are unsure of what they are called. Generally, exercising one’s “right to remain silent” is perhaps the single-most well understood response to being arrested behind calling an attorney. Unfortunately, the United States Supreme Court recently handed...
Continue ReadingEarlier 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...
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