The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Criminal Law

So You’re Faced with Child Hearsay: What’s In, What’s Not

Criminal Law
Nothing is more difficult than defending a client who is accused of a crime that requires no substantive evidence for...

Avoiding Deportation by Vacating State Court Convictions

Criminal Law
It was tax season and Jim was working overtime again. Jim was used to this sort of thing this time...

The Prosecutor as Investigator

Criminal Law
In the criminal justice system, the people are represented by two separate yet equally important groups: the police, who investigate...

Is That a Serious Bodily Injury? Analysis of Forced Blood Draws Under F.S. §316.1933(1)

Criminal Law
Under Florida law, a law enforcement officer may obtain a blood sample, by use of reasonable force if necessary, if...

“Let’s Make a Deal”: The Problem of Vindictive Sentencing

Criminal Law
“And God saw their works, that they turned from their evil way; and God repented of the evil, which He...

RICO Claims: The Challenge of Alleging the “Pattern” Element

Criminal Law
The federal RICO legislation originated with Congress’ resolve to give law enforcement adequate tools to deal with “organized crime.” In...

Zero Tolerance for Victimization of Students: The Implications of House Bill 267 on Juvenile Offenders

Criminal Law
In an effort to protect school-aged victims of crime, the Florida Legislature recently passed House Bill 267. Codified as F.S....

Legal Developments Impacting Repeat Battery Offenders: Warren and the 2001 Amendment to Felony Battery

Criminal Law
Two significant and interdependent legal developments have arisen in the application of the felony battery statute, F.S. §784.03(2), which reclassifies...

But I Don’t Want to Withdraw My Plea! The Expansive View of Rule 3.170(1)

Criminal Law
Defendant Jones strikes a plea bargain for a 30-month sentencing cap, including both prison and probation. The judge signs the...

The Antiterrorism and Effective Death Penalty Act of 1996: A New One-Year Limitation for Filing a Federal Habeas Corpus Petition

Criminal Law
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), enacted and effective on April 24, 1996, dramatically changed the...