While an insanity defense plays well on television and in the movies, it's very difficult to prove in a court of law. Most jurors are skeptical of such a defense and believe that the defendant is trying to get off by faking mental illness and incapacity. Secondly, the burden is on the defense to prove “clear and convincing evidence” – a rather high standard to meet. “Clear and convincing evidence” is higher than “by a preponderance of the evidence,” which is the standard used in civil cases, … [Read more...]
Florida Governor Bans Child-Like Sex Dolls
As expected, Governor Ron DeSantis signed a bill approved unanimously by the legislature to ban child-like sex dolls. The law goes into effect October 1, 2019. A legislative analysis of the bill said that child-like sex dolls imported from China, Japan and Hong Kong are becoming increasingly prevalent in the U.S. They are part of what has become a $15 billion sex toy industry, according to the analysis. The new law makes it a first-degree misdemeanor in Florida to possess, give away, … [Read more...]
Eighth Amendment Another Constitutional Protection
The 8th Amendment to the the US Constitution is another important provision for those facing criminal charges. It states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” It serves as a safeguard that the "punishment should fit the crime" and that incarceration before adjudication of guilt or innocence should be reasonable. Because it is a requirement embedded in the Constitution, bail has become a business enterprise in the … [Read more...]
More Rights Afforded to Alleged Criminals and Why That’s Important
I started with the 4th Amendment earlier this week. There is another important amendment that guarantees rights in cases where one stands accused of a crime. The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. It also requires that “due process of law” be part of any proceeding that denies a citizen … [Read more...]
Plea Deals Endangers Privileges of 6th Amendment
The 6th Amendment guarantees a defendant the right to a fair and speedy trial but how is that a useful right if it's rarely used? The U.S. Courts government website says about 10% of cases go to trial. For federal charges, the National Association of Criminal Defense Attorneys did a study and found only about 3% go to trial. The 6th Amendment calls for a speedy and public trial in front of a jury, but the common practice of plea deals keeps many cases from reaching that point. Plea … [Read more...]
