STLR Forum

/Criminal Law
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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

Just Who Is The Enemy In The War Against Opioids?

By: Martha Ferral, J.D. Candidate, May 2018, St. Thomas University School of Law.

The first step to solving a problem is identifying it, right? Right, so this problem that is seemingly simple is actually quite complex. And the only way to fix it is to have real perspective on this issue.

The opioid crisis is a war that […]

October 25th, 2017|Blog, Business, Criminal Law, Governments|0 Comments

Using Common Sense When Analyzing What Qualifies as a Crime Involving Moral Turpitude

By: Curtis Wurster, J.D. Candidate, May 2018, St. Thomas University School of Law.

Under federal law, it is a federal crime to misrepresent a social security number to be one’s own “for any … purpose”. Furthermore, whoever, for the purpose of obtaining a benefit to which they are not entitled, willfully, knowingly, and with intent to deceive, […]

October 24th, 2017|Blog, Cases, Criminal Law, Human Rights, Immigration|0 Comments

Incompetence and the Members of the Jury

By: Jennifer Garcia, J.D. Candidate, May 2019, St. Thomas University School of Law.

There is no doubt that the legal process is a complicated one and that not everyone who is not trained in the legal profession can adeptly follow the proceedings that take place inside a courtroom. However, when it comes to depriving someone of their […]

October 21st, 2017|Blog, Cases, Criminal Law, Human Rights|0 Comments

Prosecutorial Discretion: Absolute or Absolutely Not

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

During a press conference on March 15, 2017, newly-elected Florida State Attorney Aramis Ayala brazenly announced she “will not pursue the death penalty in any case during her tenure.” This decision also included seeking an alternate punishment other than the death penalty against Markeith […]

October 18th, 2017|Blog, Cases, Criminal Law, Florida, Governments|1 Comment

Indigent Defendants’ Inability to Afford Bail

By: Brandon Greene, J.D. Candidate, May 2018, St. Thomas University School of Law.

Indigent defendants are required to “pay more than they can afford” to be released on bail. Scholars believe that the money-bail system mostly traps low-risk indigent defendants. These low-risk indigent defendants are charged with offenses such as shoplifting, traffic violations, loitering, and drinking in […]

October 14th, 2017|Blog, Criminal Law, Human Rights|0 Comments

Carpenter v. United States: Does the Government Need a Warrant to Obtain Cellphone Location Information?

By: Candice C. Izaguirre, Comments Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

The Fourth Amendment protects “he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. . . ” Does this right apply to cellphone data?

In June 2017, the Supreme Court granted certiorari […]