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Fourth Amendment Protections from Unreasonable Search and Seizure

The Fourth Amendment of the American Constitution provides protections from unreasonable searches and seizures. Seizures include any arrest or detention by a government agent – basically any police officer. The Fourth Amendment protects private citizens from government intrusion. The law protects individuals from being harassed by the police or other government officials in their homes Read More

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Do Jurors Have to Dress Up?

A recent court motion for a new trial alleges that by requiring a dress code, juries are not a representative sample of the population, and are not therefore a “jury of one’s peers” and not a Constitutionally adequate pool of jurors. The decision on this motion could affect criminal law trials in Miami and elsewhere Read More

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U.S. Supreme Court Strikes Down Florida Death Sentence Rules

The United States Supreme Court recently struck down Florida criminal law requirements regarding a defendant’s eligibility to be sentenced to death. Florida, as well as several other states, have a legal requirement that defendants have a certain level of IQ in order to be eligible for the death penalty. In Florida, convicted felons from Miami Read More

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Rubin “The Hurricane” Carter, Wrongly Convicted Boxer, Passes Away

On April 20, 2014, Rubin “The Hurricane” Carter died. Carter was a famed professional boxer in the 1960s who fought for the middleweight championship in 1964. In 1966, Carter was arrested for the murder of three people at the LaFayette Bar and Grill in New Jersey. Carter was convicted in 1967 for the three murders, Read More

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Public Debate Rages Over Strict Sentencing Rules

For decades debate has raged over how much flexibility should exist in criminal sentencing. Some argued that strict sentencing guidelines are necessary, while others counsel for flexible rules that permit judges to determine sentences based primarily on the facts of the case at hand. In fact, a pending U.S. Supreme Court case about Florida’s limit Read More

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Five Things to Keep in Mind When Arrested in Miami

When you are arrested in Miami, South Florida, or anywhere else in the country, the police are required under the U.S. Constitution to give you certain rights. Some of the most important rights stem from the Fifth Amendment, often referred to as you Miranda rights. It is critical to understand how these protections play into Read More

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