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Criminal Law Commons

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Articles 1 - 6 of 6

Full-Text Articles in Criminal Law

Rationed Justice, Jennifer M. Smith Jan 2016

Rationed Justice, Jennifer M. Smith

Journal Publications

In the United States, "equal justice under law" is at the very forefront of our American justice system. "Equal justice" is meant to guarantee equal access to the justice system. "Equal access to the judicial process is the sin qua non of a just society." Many Americans, however, do not have any access to the justice system, never mind that of equal access. "Equal justice" has not reached the nation's indigent, or even many of our moderate-income citizens.


Public Defender Externship, Legal Clinic Program Jan 2016

Public Defender Externship, Legal Clinic Program

Course Descriptions and Information

Students represent indigent clients through various Public Defender offices in Central Florida in all phases of the criminal justice system under the direct supervision of Assistant Public Defenders.


Prosecution Externship, Legal Clinic Program Jan 2016

Prosecution Externship, Legal Clinic Program

Course Descriptions and Information

The Prosecution Externship offers students the opportunity to practice criminal law as a certified legal intern under the direct supervision of an on-site supervising Assistant State Attorney. The student extern observes and participates in a range of prosecutorial duties, namely: recommending appropriate charges for new cases; negotiating pleas; drafting and arguing pre-trial motions; and participating in trials.


Criminal Defense Clinic, Legal Clinic Program Jan 2016

Criminal Defense Clinic, Legal Clinic Program

Course Descriptions and Information

This clinic focuses on the representation of indigent clients charged with misdemeanor criminal offenses in county courts in the Ninth Judicial Circuit of Florida. Students will represent low-income clients charged with misdemeanor criminal offenses from the surrounding community as well as those defendants appointed by the court who qualify for free legal services.


From Jones To Jones: Fifteen Years Of Incoherence In The Constitutional Law Of Sentencing Factfinding, Benjamin Priester Jan 2016

From Jones To Jones: Fifteen Years Of Incoherence In The Constitutional Law Of Sentencing Factfinding, Benjamin Priester

Journal Publications

For over 15 years, the United States Supreme Court has struggled to define the constitutional constraints upon a ubiquitous practice in contemporary American criminal justice: the exercise of factfinding authority by sentencing judges in the course of determining the specific punishment to be imposed upon an individual convicted of a criminal offense. While the Court has permitted much sentencing factfinding to continue unabated, its decisions have identified certain scenarios in which an offender's constitutional rights are violated when a fact found at sentencing creates particular impacts on the punishment. Unfortunately, from the beginning this new constitutional doctrine in criminal procedure …


Unintended Lawlessness Of Stand Your Ground: Justitia Fiat Coelum Ruat, Ann Marie Cavazos Jan 2016

Unintended Lawlessness Of Stand Your Ground: Justitia Fiat Coelum Ruat, Ann Marie Cavazos

Journal Publications

This paper will examine Florida's Stand Your Ground law by analyzing the origins and purpose of the law, vis-a-vis comparative analysis, and by discussing the application of this law. It will compare the stories of victims and further dissect the necessity and benefits of the Stand Your Ground laws, and examine in particular how it has affected the citizens of Florida and the nation. This Article will examine unforeseen outcomes derived from the enactment of a law meant for the common good and will further discuss how the Castle Doctrine evolved into the current Stand Your Ground laws. It will …