Author Archives: Jay Butchko
November 6 Florida Election Results, Part I: Amendment 6, Rights Of Crime Victims
In this two-part series, we discuss some of the important measures that were passed during the November 6 elections and what this means Floridians’ civil rights. One of those measures was Amendment 6, which creates a bill of rights for crime victims and establishes new requirements for judges. Modeled after California’s Marsy’s Law, the… Read More »
Wrongful Death at Florida Psychiatric Hospital Leaves Too Many Questions Unanswered
One man’s unexplained death at a Florida psychiatric facility has garnered news headlines of late due to the mysteriousness of the incident and the unwillingness of officials and agencies linked to it to provide both the man’s family and the public with the answers they deserve. The man—Reginald Schroat—is the second known individual to… Read More »
Did Florida Election Officials Break The Law?
Florida Gov. Rick Scott has requested that law enforcement agencies, including the Florida Department of Law Enforcement, investigate potential fraudulent activity in Broward and Palm Beach counties in his race for the Senate. The Department reportedly initially responded that, while it is not investigating any matters directly related to the November 6 election, it… Read More »
Department Of Education Backtracks On Rolling Back Civil Rights Protections for Students in Schools
During the week of November 21, the Education Department announced that it was reversing a controversial decision on how the federal government handles civil rights complaints filed by students and their families; i.e. that it would no longer be dismissing cases that are filed en masse. This announcement could impact thousands of families, especially… Read More »
Judicial Committee Releases Important Report on Sixth Amendment Rights in Criminal Cases
Although a very important report on how the federal Criminal Justice Act works was completed in 2017, it was not made public until October of this year, and did not receive media attention due to the news surrounding Justice Kavanaugh’s nomination. The report identifies a number of criminal justice issues, and proposes that there… Read More »
A Look at Questionable Living Conditions & Constitutional Issues on Florida’s Death Row & National Scale
In November, a number of important news outlets, reports, and decisions were made that expose the unconstitutional conditions in which those given death sentences endure, including a reliance on unconstitutional sentencing procedures and questionable living conditions and practices, as we discuss below: Tampa Bay Times Provides Video Glimpse into Florida Death Row Conditions We’ve… Read More »
Florida Police Officer Who Framed African Americans Sentenced To Prison
We’ve previously discussed the crimes of ex-Biscayne Park Police Chief Raimundo Atesiano, who was found to have framed innocent black citizens and/or teenagers here in Florida in order to boost his police department’s arrest and conviction statistics. On November 27, Atesiano was sentenced to three years in federal prison for these crimes, which included… Read More »
Equifax Security Breach Demonstrates Corporate Fraud & Negligent Security
Negligent security doesn’t just apply to building owners who fail to keep their premises safe. The recent report released by the House Oversight Committee demonstrates that a consumer data breach—like that of Equifax—can constitute a significant crime of corporate fraud and negligent security as well. According to the report, the breach was “entirely preventable,”… Read More »
Congress Close To Passing Significant Criminal Justice Reform
In breaking news, on December 11, Senate Majority Leader Mitch McConnell announced that the Senate would vote on the long-awaited criminal justice reform bill, the First Step Act. Perhaps most notably, the bill brings those convicted for crack cocaine offenses prior to the 2010 implementation of the Fair Sentencing Act into line with those… Read More »
Florida Must Restore Voting Rights to Ex-Felons This November
We’ve previously discussed just how unjust it is that those who have already served their time in Florida are permanently robbed of the ability to vote for the rest of their lives. Years after they have already served their sentences, ex-felons in the Sunshine State continue to be punished by being permanently disenfranchised. This… Read More »
This November, Florida May Finally Do Something about Outdated Mandatory Minimum Sentencing
While Florida has rolled back some of its harsher mandatory minimum sentencing laws, many are still stuck with sentences that are years or even decades longer than those convicted of similar crimes today. However, a referendum on the state ballot this November could change that: Amendment 11 would allow the state legislature to retroactively… Read More »
Florida Jury Finds That Officers Cannot Seize Accident Bystanders’ Cell Phones for Evidence
An important decision to come out of Martin County, Florida in early October could have statewide implications for establishing limitations on law enforcement’s ability to collect smart phones in roadside contexts. The jury decided that a deputy violated a resident’s civil rights when he grabbed a bystander’s cell phone and told him that any… Read More »
LGBTQ Advocates Are Concerned about the Administration’s New Civil Rights Probe
LGBTQ advocates are understandably concerned after the administration recently released an announcement indicating that it would be conducting a federal investigation into whether a school district’s transgender bathroom policy contributed to the sexual assault of a five-year-old girl in Georgia. According to reports, the school district adopted a policy allowing transgender students to use… Read More »
Administration Files Position Opposing Inclusion of Transgender Rights in Title VII of Civil Rights Act
In late October, the Trump administration took a huge step back in making progress in affording civil rights for everyone by filing a position with the U.S. Supreme Court arguing against the protection of transgender people against sex bias on the job under Title VII of the 1964 civil rights law. The case stems… Read More »
Florida Suspect Charged With Attempted Bombings
The hearing for the Florida man accused of sending explosive packages (pipe bombs) to several prominent members of the Democratic Party and media outlets, including CNN, was held on October 29 in federal court. Cesar Sayoc has been accused of a number of federal crimes, including assaulting federal officers, and faces more than 50… Read More »
U.S. Supreme Court to Hear Case on Appeal Waivers in Plea Agreements
We’ve previously discussed the issue of the rise in the number of plea bargains versus jury trials over time, all over the country, and the impact this arguably has on ensuring that justice is done, in general, in our criminal justice system. In fact, the U.S. Supreme Court itself estimated that 97 percent of… Read More »
Florida City Commissioner Charged with Murder: Second Spotlight on Florida’s Stand Your Ground Law
Florida’s “stand your ground” law is once again under the spotlight as a Lakeland, Florida city commissioner (Michael Dunn) is now facing second-degree murder charges after shooting an alleged shoplifter at his store earlier this month (October). According to the footage obtained by police, the victim hid a hatchet from the store under his… Read More »
U.S. Appeals Court Points out That Sting Operations Primarily Target Blacks and Latinos
On October 15, the U.S. 9th Circuit Court of Appeals made it easier for defendants snagged in reverse sting operations to seek evidence indicating that the government engaged in serious civil rights concerns by specifically targeting blacks and Latinos in these operations. In doing so, the court painted a disturbing portrait of law enforcement… Read More »
Florida Judge Points Out How Repeated Prosecution of Innocent Man Shows That System Is Flawed
No state in the U.S. has had more death-penalty convictions overturned than Florida; most of them involving convictions where defendants arguably did not have the financial resources to properly defend themselves. One particular death penalty case here in Florida has drawn significant coverage this month (October) because of the arguably abhorrent levels of injustice… Read More »
A Closer Look at Sex Crime Allegations against Justice Kavanaugh & What May Be On “Shaky” Legal Grounds
Hearings concerning whether or notice Justice Kavanaugh will be confirmed for placement onto the U.S. Supreme Court have dominated news headlines of late, especially since several accusers have come forward, alleging that Kavanaugh is guilty of committing sex crimes against them. Both of the allegations brought thus far date back to incidents that allegedly… Read More »
Criminal Defense Lawyers Conference Highlights Basic Changes Needed For Prison Reform
In late August, the National Association of Criminal Defense Lawyers (NACDL) met in Atlanta, Georgia to discuss the dire need for prison reform in each state, including Florida. According to key speaker Georgia’s Governor Nathan Deal, aside from prison reform interests, states that want to cut costs and decrease the number of repeat offenders… Read More »
Celebrity Discriminated Against In Florida Hotel Raises Questions about Discrimination from Private Businesses
Sadly, racial profiling happens every day, often completely unreported—but nonetheless still incredibly unjust. When it does garner news headlines—as it sometimes does with “celebrities” who experience it—it’s an opportunity for all of us to wake up and take notice (as well as work harder to defeat it). This was the case in early September,… Read More »
Celebrity Tyler Perry Announces Wrongful Death Lawsuit against Florida Deputy In Connection With Two Men Who Disappeared After Being Taken Into Custody
Florida news headlines have been dominated by the decision made by one celebrity—Tyler Perry—to help file a wrongful death lawsuit against one Florida Deputy reportedly linked to the disappearances of two men who were taken into custody nearly 15 years ago. The case was brought against former Collier County Sheriff’s Deputy Steven Calkins, who… Read More »
Florida Is, Once Again, Accused of Felon Disenfranchisement. But Are Things Finally Changing?
Florida is, once again, in the national spotlight for a number of civil rights issues associated with its voting practices. The process requires that anyone who had a felony conviction wait five years before petitioning the state to regain the right to vote, which is then decided on a case-by-case basis by Governor Rick… Read More »
Undocumented Immigrants (Illegally) Targeted & Certain Fishing Practices Could Be Banned In Florida This Fall
Below, we discuss some important developments concerning actions that could lead to the illegal arrest of undocumented immigrants, as well as changes to some of Florida’s shore fishing laws that could impact some citizens’ livelihoods, here in Florida: Illegal Flyers Circulated In Florida Offering Fake Awards to Turn In Undocumented Immigrants to Law Enforcement… Read More »