STLR Forum

/Criminal Law
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Should Brain Science Be Admissible In Court?

By: Heather Carnegie, Comments Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

There is currently an ongoing debate on whether brain scans and images should be admissible in the courtroom. Some people argue that using brain science violates a person’s constitutional right to privacy and question how boundaries can be drawn, while others argue […]

April 3rd, 2018|Blog, Cases, Criminal Law|0 Comments

Drones v. Fourth Amendment: Who Prevails?

By: Yamila Lorenzo, Articles Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

The touchstone analysis of the Fourth Amendment is whether an individual has a reasonable expectation of privacy. The home is the most private place in one’s life and the curtilage of the home is also considered part of the home itself for […]

April 2nd, 2018|Blog, Cases, Criminal Law, Fourth Amendment|0 Comments

Law Enforcement Agencies Continued Use of the Handheld-Doppler Radar Device Results in a Complete Erosion of the Castle Doctrine’s Objectives

By: Jessica Vega, Senior Articles Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

“At least 50 U.S. law enforcement agencies quietly deployed radars that let them effectively see inside homes, with little notice to the courts or the public [of when or how the agencies would […]

March 16th, 2018|Blog, Cases, Criminal Law, Fourth Amendment|0 Comments

A Right Without a Remedy: Time Runs Out Before the Right to File Accrues for Successive Habeas Corpus Petitioners

By: Agnieszka Chiapperini, Articles Solicitation Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

Abstract

In June of 2015, the Supreme Court struck down a portion of a federal statute as unconstitutional. For the next ten months, District Courts all over the country came to inconsistent conclusions regarding the new decision’s retroactive application.  As a […]

March 14th, 2018|Abstracts, Cases, Criminal Law, Human Rights, Issues|0 Comments

Black & Poor: The Grave Consequences of Utah v. Strieff

By: Chanae Wood, J.D. Candidate, May 2018, St. Thomas University School of Law.

Abstract

The Supreme Court’s decision in Utah v. Strieff proves to chip away at Fourth Amendment rights, yet again. In Strieff, the Unites States Supreme Court ruled that an arrest warrant is an attenuating circumstance that will purge an illegal stop. This ruling incentivizes […]

Pulling the Plug Before the State Flips the Switch: When Can a Lawyer Ignore his Client’s Wishes in an Effort to Escape the Death Penalty

By: Agnieszka Chiapperini, Articles Solicitation Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

Attorneys and clients, whether in civil or criminal cases, need to have aligned objectives about the outcome of the case for the relationship to be successful.  Case and trial strategies, on the other hand, are mostly left in the control of […]

February 15th, 2018|Blog, Cases, Criminal Law, Supreme Court|0 Comments

Sexual Assault: Where Should Liability End?

By: Elizabeth Irazabal, Managing Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

We are living in troubling times. It seems as though for the last several months, we constantly wake up to new allegations. We wake up to new stories of victims coming forward after years of silence to confront his or her perpetrator. […]

February 14th, 2018|Blog, Criminal Law, Human Rights, Latest Articles|0 Comments

Growing Concerns Regarding the Burden of Proof on Stand Your Ground Pretrial Hearings in Florida

By: Luis A. Garcia Jr., J.D. Candidate, May 2018, St. Thomas University School of Law.

In June 2017, Florida Governor Rick Scott signed a bill into law shifting the burden of proof onto the prosecution when dealing with an immunity known as “Stand Your Ground” during pretrial hearings. According to Florida Statutes § 776.012, a person has […]

November 3rd, 2017|Blog, Cases, Criminal Law, Governments, Gun Rights|0 Comments

Bound to be Bound: Enforceability of BDSM Contracts

By: Diana Alcala, J.D. Candidate, May 2019, St. Thomas University School of Law.

Even though the practice of bondage and discipline, sadism and masochism (“BDSM”) has recently come into the mainstream consciousness in the form or movies and books, its portrayals are often inaccurate and as some members of the community might say, even problematic. Movies like […]

November 2nd, 2017|Blog, Contracts, Criminal Law|0 Comments

Prejudice or Not?: Next-Of-Kin Exception to Florida’s Sequestration Requirement Unfairly Prejudices Opposing Parties in Criminal Lawsuits

By: Ashley-Ann Bryan, J.D. Candidate, May 2019, St. Thomas University School of Law.

The Florida Rules of Evidence govern the activities of witnesses in lawsuits by sequestering active witnesses from the trial and other witnesses. However, there are four categories of witnesses whom are not subject to exclusion from the courtroom. Particularly, one such category includes the […]

October 27th, 2017|Blog, Cases, Criminal Law, Human Rights|0 Comments