STLR Forum

/Criminal Law
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Will Florida’s Supreme Court Stand for Self-Defense?

By: Tahimi Magrans, Member-Candidate, J.D. Candidate, May 2020, St. Thomas University School of Law.

The highly criticized “Stand Your Ground Law” is up to the Florida Supreme Court. However, the question before the Court is not whether it is constitutional but whether it applies to cases retroactively that were pending at the time the statute became […]

December 27th, 2018|Cases, Criminal Law, Evidence|0 Comments

Stand Your Ground: Florida Is Your Castle

By: Steven Waldman, Member-Candidate, J.D. Candidate, May 2020, St. Thomas University School of Law.

Florida statute § 776.012(2) has been a subject of controversy since its enactment in 2005. The statute commonly referred to as the “Stand Your Ground” law, states that “ person is justified in using or threatening to use deadly force if he […]

December 27th, 2018|Blog, Criminal Law, Florida, State, Web Exclusives|0 Comments

A Dispute Over a Parking Space: Retreat to Safety or Shoot to Kill?

By: Shameequa Buxton, Member-Candidate, J.D. Candidate, May 2020, St. Thomas University School of Law

Who would ever imagine that a simple dispute over a parking space would end in death. During summer 2018 in Clearwater, Florida Michael Drejka (“Drejka”) shot and killed Markeis McGlockton (“McGlockton”), after Drejka became upset when McGlockton parked his vehicle in […]

December 23rd, 2018|Cases, Criminal Law|0 Comments

Battered Women Syndrome as a sub-category of Self Defense

By: Jennifer Francisco, Member-Candidate, J.D. Candidate, May 2020, St. Thomas University School of Law.

Over the years, there has been discussion as to whether the Battered Women Syndrome (“BWS”) should be included within the affirmative defense of self-defense. BWS is a defense implemented to protect women being physically and emotionally abused by their aggressor.

The Battered Women […]

December 19th, 2018|Criminal Law, Mental Health, Social Issues|0 Comments

Law and Disorder: The Movement to End Rape Kit Backlogging

By: Lauren Cabrera, Member-Candidate, J.D. Candidate, May 2020, St. Thomas University School of Law.

Twenty-three-year-old Melissa Souto walked into the hospital with her parents by her side. Eye contact was avoided, and the feeling of shame consumed her. The Sexual Assault Nurse Examiner walked out and called Melissa to enter the examining room.  The nurse’s kind demeanor […]

December 17th, 2018|Criminal Law, Evidence|0 Comments

Shouldn’t Criminal Justice Live Up to Its Name? A Call to Forego Felony Murder and Consider Felony Manslaughter.

By: Jikky Thankachan, Member-Candidate, J.D. Candidate, May 2020, St. Thomas University School of Law.

At just sixteen years old, A’Donte Washington was shot four times and killed by an anonymous police officer. The officer will face no consequence for this murder, but another person will. Washington’s friend Lakeith Smith, who was only 15 at the time […]

A Botched Medical Review System

By: Riona Maharaj, Articles Editor, J.D. Candidate, December 2018, St. Thomas University School of Law.

You go into the hospital for a forty-five-minute surgery to alleviate your chronic back pain, the result of being a truck driver for nearly two decades. As you awaken from the anesthesia you hear the panicked medical staff around you. They are […]

November 20th, 2018|Blog, Cases, Criminal Law, Health Law, Torts, Trending|0 Comments

Euthanasia on the Opposite End of Corporal Punishment: Hypocritical Standpoint?

By: Ashley Ann Bryan, Comments Editor, J.D. Candidate, December 2019, St. Thomas University School of Law.

With the growth of technology and great advancement of modern-day medicine, there should be a reconsideration of the legality and use of euthanasia. However, there continues to be a reluctance in this regard, while the legality and support of capital punishment […]

November 13th, 2018|Criminal Law, Elder Law, Florida, Human Rights|0 Comments

Man’s Best Friend Saves the Day, Once Again

By: Jesse Ochoa, Comments Editor, J.D. Candidate, May 2019, St. Thomas University School of Law.

Usually, it is Timmy who pleads to his companion, Lassie, to find help when he is in a sticky predicament; this time, it was Joshua Horner, a man in Oregon who needed to find Lucy, a black Labrador, that could reverse […]

November 5th, 2018|Blog, Cases, Criminal Law, Evidence|0 Comments

Falcon v. State: Should the Florida Supreme Court Have Opened the Door for Sentencing Review of Juveniles Sentenced to Life in Prison for Murder?

By: Jamie Mathis, Editor-in-Chief, J.D. Candidate, May 2019, St. Thomas University School of Law

Abstract
In Florida, and other states across the country, hundreds of juvenile murderers are getting a second chance at having a life outside of prison. These are juveniles who were convicted and sentenced to life in prison decades ago, but because of the […]