In many criminal matters, the prosecution lacks direct evidence that the defendant committed the crime in question. While prosecutors can use circumstantial evidence to demonstrate a defendant’s guilt, they must abide by any applicable rules of evidence. Recently, a Florida court examined when witness opinion testimony can be introduced in…
In criminal cases, whether a defendant is found guilty typically hinges on the jury’s perception of them and the facts presented at trial. Thus, it is critical that the jury is comprised of impartial people who represent the defendant’s peers. If the prosecution uses a preemptory strike against a juror…
First-degree murder is one of the most serious crimes the State can charge a person with, and a conviction has the potential to result in a death sentence. Generally, the State must prove that certain aggravating factors were present during the commission of a homicide crime for a person to…
When the police conduct a criminal investigation, they will typically obtain a warrant to uncover information that is private or otherwise not readily accessible. If the police gather certain evidence without a warrant, however, it may violate the Fourth Amendment protections against unreasonable search and seizures, and the evidence may…
The most severe punishment a criminal defendant may face in Florida is the death penalty. Recent changes in Florida law, though, make it more difficult for a criminal defendant to be sentenced to death. In a recent Florida case in which the defendant was charged with murder, the court discussed…
Under the Armed Career Criminal Act (ACCA), if a person convicted of a crime is deemed a career criminal, he or she may face increased penalties. The United States Supreme Court recently ruled in Johnson v. United States, that the residual clause in the ACCA was unconstitutionally vague. As such,…
In the United States, criminal defendants do have the right to defend themselves. However, a United State Supreme Court case called Faretta clarified that a defendant’s waiver of counsel is only valid as long as it is knowingly and intelligently made. Essentially, a defendant needs to be competent enough to…
As representatives of the State, prosecutors have special responsibilities that the defense does not have. Prosecutors are supposed to be on the side of justice, so they should look at the evidence with that goal in mind. If they find evidence that would tend to show that the defendant is…
The rule against hearsay essentially bans a person from testifying in court about what another person said outside of court if the testimony is meant to prove that the out-of-court statement is true. As Florida’s Third District Court of Appeal recently pointed out in a murder case, however, there are…
Jury instructions are a key part of any criminal trial in Florida. The way that a judge instructs the jury about the evidence and the legal requirements necessary to return a conviction can make or break a Florida homicide or other criminal case. As a recent case out of the…