Author Archives: Jay Butchko
Florida’s Dangerous Prisons Still Costing Taxpayers Too Much
We’ve previously discussed some of the corruption and abuse issues that plague Florida’s justice system. The Florida Department of Corrections is the largest agency in the state, with a budget of $2.3 billion each year. Still, in spite of all this spending, Florida prisons have experienced a number of high-profile abuses, deaths, and disturbances:… Read More »
The Shameful Truth: Thousands of Veterans Have Also Lost Their Right to Vote in Florida
We’ve previously discussed Florida’s history of denying millions of ex-felons of the right to vote and the civil rights concerns that raises. Its history has its roots as an outright white-supremacist measure after the Civil War to explicitly prevent African-Americans from voting. The Miami New Times recently addressed this same issue within the context… Read More »
New Florida Animal Abuse Law with Stiffer Penalties Went into Effect October 1
As of October 1, a number of new laws will take effect in Florida, including one that imposes harsher penalties for abusing animals. Others going into effect also increase penalties for anyone who trespasses on Florida airport property, including Miami, Orlando, and Tampa International Airports. The animal abuse law stems from an incident that… Read More »
Kavanaugh’s Civil Rights Views Under Scrutiny
Affirmative action is an important civil rights issue that carries a goal of instilling admissions policies geared to provide equal access to education for groups that have historically been underrepresented or excluded—such as minorities and women—in higher educational institutions. While the U.S. Supreme Court has historically upheld university admissions policies that allow for race… Read More »
Wrongful Death Argued For In Florida “Stand Your Ground” Criminal Defense Case
Many are now calling the incident that occurred in July in a Florida “Circle A” convenience store parking lot more a case of a wrongful death than a viable use of the Florida “Stand Your Ground” criminal defense. Of late, this even includes the National Rifle Association (NRA) and GOP lawmakers, who rejected the… Read More »
New Law in Florida Requires Guns Surrendered Out Of Abundance of Caution
After the Florida Parkland school shooting, many are concerned about the safety of themselves and their children. However, does Florida’s new law ordering many to surrender guns infringe upon our state and federal civil rights? The Florida Risk Protection Order Act temporarily strips gun owners of their gun rights and ammunition if a judge… Read More »
Florida Seeks to Uphold Ban on Smoking Medical Marijuana In Spite Of Court’s Decision on Constitutional Amendment
On August 3, Florida Attorney General Pam Bondi filed a 57-page brief arguing that the 1st District Court of Appeals should uphold a decision made by the state legislature in 2017 to ban smoking medical marijuana. Bondi and the state of Florida argue that it is within the legislature’s jurisdiction to regulate public health,… Read More »
Feds Investigating Abuse Allegations at Florida Women’s Prison
On August 8, the Miami Herald covered an important U.S. Department of Justice federal civil rights investigation into various abuses—including sexual misconduct by correctional officers—at Lowell Correctional Institution in Florida. The investigation comes after years of complaints and exposes involving current and former inmates describing serious abuses, including officers forcing inmates to have sex… Read More »
Florida’s New Opioid Law Has Doctors Concerned
Florida’s new opioid law has a number of doctors concerned; namely because it does not just cover opioids, but a host of other drugs. Specifically, the law covers almost all medications currently classified as “Schedule II through V drugs,” including anti-seizure medications, Adderall, Ambien, ADHD medications, Ritalin, steroids, and Xanax. While it does not… Read More »
Will Florida Law Shield FIU Bridge Companies From Criminal Liability?
According to recent reporting, engineers working for Florida International University (FIU) saw gaping cracks in the bridge that was being constructed two days before it collapsed and killed six people. While many have pointed out that this constitutes professional misconduct, some are now speculating whether companies should also be held criminally liable for the… Read More »
Spotlight Falls on Two Florida Men with Vastly Different Sentences Due To Race
An article recently featured on snopes.com has captured headlines, and examines whether and to what extent race played a part in sentencing passed down for two defendants here in Florida. The article specifically addresses the trials of Chase Legleitner and Lamar Lloyd, who were sentenced, one year apart, by the same judge–Florida 19th Circuit… Read More »
Jose Baez’s New Book on the Defense of Aaron Hernandez Reveals Surprising Details & Story of Trial
Central Florida criminal defense attorney Jose Baez recently released a book on his work to protect a former high-profile client, former NFL player Aaron Hernandez, as highlighted in local publications and news channels in late August. The book—“Unnecessary Roughness: Inside the Trial and Final Days of Aaron Hernandez”—provides new insight into the athlete, who… Read More »
Florida Teachers Unions Sue over Violation of Constitutional Rights
On July 2nd, a group of Florida teachers and teacher organizations sued over a new union certification law that went into effect, arguing that it deprived them of their collective bargaining rights, as guaranteed in the Florida constitution. According to the teachers, their organizations were unfairly signaled out for these certification measures, while other… Read More »
Florida’s Expensive “Drive Baked, Get Busted” Campaign Highlights Issues with Identifying and Prosecuting Drivers Impaired By Marijuana
The state of Florida’s recent efforts to put up “Drive Baked, Get Busted” billboards, posters, and radio and video ads have reportedly cost the Department of Highway Safety and Motor Vehicles approximately $3.2 million. However, the campaign also highlights a very important gap in knowledge that the state suffers from when it comes to… Read More »
Florida Plaintiff Wins $775,000 in Discrimination Case against Costco
In July, a deaf woman won $775,000 in damages after one Florida jury found that her disability led her to suffer from discrimination and unjust termination from Costco. She sought damages under Florida’s Civil Rights Act of 1992, claiming that Costco managers acted with a willful, malicious, gross disregard for her rights, and that… Read More »
Immigrant Children Locked Up In Juvenile Detention Centers without Committing Crimes
On July 10th, Mother Jones ran an important story on immigrant juveniles being locked up in U.S. juvenile prisons without having ever committed any crimes. According to the report, they aren’t locked up in just any juvenile detention center; but rather, facilities that have reputations for abusing the children kept there. According to the… Read More »
Legislators Go After the “Gay or Trans Panic” Defense In Criminal Law
It would likely surprise you to find out that in all but three states, it is legal for criminal defendants to claim that they should not be held accountable for murder due to the gender identity or sexual orientation of their victims. The defense is known as the “gay or trans panic defense,” and… Read More »
Widespread Corruption and Abuse in Florida’s Juvenile Justice System
In July, four juveniles and one employee from Florida’s Walton Academy for Growth and Change—a facility run by a company known as Rite of Passage for the Florida Department of Juvenile Justice—were arrested and charged for “lewd and lascivious battery” and false imprisonment of a minor at the facility. Sadly, this is not the… Read More »
Polls Show That Floridians Prefer Unanimity or No Death Penalty At All
The Sun Sentinel ran an important article recently on the public’s reaction to changes in Florida’s death penalty law. After the U.S. Supreme Court ruled that Florida’s majority-rule death-sentence recommendation from juries was unconstitutional, and the Florida Supreme Court struck down the “ten out of 12 jurors must recommend death” rule, the legislature passed… Read More »
Florida’s Fight to Restore Ex-Felons’ Civil Rights Moves to 11th Circuit
We have previously discussed how the right to vote is one of the most important fundamental civil rights that we as Americans have had, and how many in Florida have had this right stripped away due to past felony convictions, leading to a new civil rights movement to end Florida’s felon disenfranchisement law. There… Read More »
According To New Study, Florida Ban on Food Stamps for Ex-Felons with Drug Convictions Has Increased Arrest Rates
According to a new study, prison recidivism rates increased after Florida passed a law banning felons with drug convictions from receiving food stamps. Specifically, researchers found that former felons “turned back to crime”–monetary-based crimes—just to make ends meet after being denied access to social-welfare programs after leaving jail. In addition, the ban clearly places… Read More »
How Can We Weigh Civil Rights With Religious Rights?
We’ve previously discussed the importance of one particular civil rights case that was recently decided by the U.S. Supreme Court: Unfortunately, on June 4th, the Court made a decision that is arguably antithetical to the protection of civil rights when it decided that a cake shop owner who refused to bake a cake for… Read More »
More Animal Cruelty Charges at Florida Dairy Farms
On June 6th, two arrests (in addition to three previous arrests) were made at Larson Dairy in Okeechobee, Florida in connection with animal cruelty charges and an undercover video that allegedly captured the farm employees tormenting the dairy cows. There is also a warrant out for the arrest of a fourth individual from the… Read More »
Reports of Police Misconduct & Framing Minors out of Biscayne Park, Florida Police Department
On June 11th, a former Florida police chief and two officers were charged with framing a teenager with four burglaries in order to boost the police department’s arrest statistics. Specifically, the officers—former Chief Raimundo Atesiano and former officers Charlie Dayoub and Raul Fernandez—were charged with “conspiracy to violate civil rights under color of law”… Read More »
Important Constitutional Amendments Coming Up On Florida’s Ballot
This November, there will be 13 key constitutional amendments on Florida’s ballot. This represents one of the longest lists of proposed constitutional changes in decades. It is crucial to understand what implications each of these amendments could have on your civil rights before you vote. Each and every one requires 60 percent of the… Read More »