Author Archives: Jay Butchko
New Bill Sparks Civil Rights Debate on Criminalization of Youth
A new bill introduced in Congress—H.R. 4909, the “Student, Teachers, and Officers Preventing (STOP) School Violence Act of 2018—has many civil rights advocates concerned. Some have pointed out that it could exacerbate the school-to-prison crisis, further criminalize children, and increase the militarization and over-policing of communities of color, and have already started reaching out… Read More »
The Growing Link between Neuroscience & Criminal Defense
According to this recent article by Scientific American, neuroscience is playing a larger part in criminal defense cases every day. This neurological evidence is typically introduced in the form of behavioral tests, brain scans, and psychological evaluations; sometimes even as grounds to question the competence of legal representation previously received. As a result, a… Read More »
U.S. Supreme Court Justices Point to Importance of Experienced Criminal Defense Attorneys
U.S. Supreme Court Justice Sonia Sotomayor made a speech about criminal defense attorneys in her recent visit to the University of Houston Law Center, expressing just how important it is that criminal defense lawyers in particular have the skills and experience to be true advocates. Sotomayor—along with other justices such as Kagan—have specifically made… Read More »
Florida Teen Suicide Raises Questions about Charging Minors with Cyberbullying
In January, two Florida students were charged with cyberstalking (i.e. online bullying) in connection with the death of a middle-school student who killed herself earlier that month. While police are still investigating the exact cause of death, reportedly, once police were made aware of potential cyberbullying, they insisted upon closely examining cellphone and social… Read More »
New DNA Database Could Improve Criminal Justice
Forensic DNA occupies a controversial place in our criminal justice system: On the one hand, it can serve as a valuable tool to link suspects to the scene of a crime. On the other hand, some forensic testing methods have come under fire for accuracy and reliability problems, especially given that there has never… Read More »
Florida Bill Introduced To Prevent Immigrant Workers from Getting Arrested For Workplace Injuries
Many people do not realize that the criminalization and arrest of thousands of immigrants hasn’t just been conducted and facilitated by Immigration Enforcement over the last year, but also via workers’ compensation insurance companies, who, according to a recent investigation by ProPublica and NPR, have reportedly been turning in unauthorized immigrants when they report… Read More »
What Does It Mean to Say That a Criminal Defendant’s “Due Process Rights” Have Been Violated?
When it comes to criminal trials and appeals, sometimes criminal defense attorneys will find that a due process violation (and/or other trial misconduct) occurred. On February 12th, CNN featured an important piece discussing what due process is and is not in terms of criminal defendants and their rights. Below, we discuss this in more… Read More »
An Unusual Civil Rights Issue We Now Face: Police Officers Making False Arrests to Earn Overtime
On February 19th, the New York Times covered a story involving police officers who stand accused of making false arrests in order to increase their incomes (a practice known as “collars for dollars”). The implications of the federal trial brought against them could have far-reaching impacts on criminal defendants affected by these officers, as… Read More »
A Look at the Case against the Accused Florida Shooter
The tragedy that unfolded at one high school in Florida on February 14th left 17 dead and many others injured. While many are focused on how we prevent needless violence like this in the future, below, we provide some background on how the trial against accused shooter and criminal defendant Nikolas Cruz might unfold…. Read More »
Will Florida Legalize The Recreational Use Of Marijuana?
In the midst of recreational marijuana becoming officially legal in California, many are now wondering if Florida next. There have been rumors of a proposed constitutional amendment to legalize the recreational use of marijuana via the Florida state ballot, which would allow for the sale of up to one ounce of cannabis and the… Read More »
Brief Filed Emphasizing Importance of Geographical Limitations on Wiretaps
An amicus brief recently filed by the National Association of Criminal Defense Lawyers with the U.S. Supreme Court highlights how important it is that our nation’s highest court recognizes the privacy-protecting limitations Congress placed on wiretapping. While Title III of the Omnibus Crime Control and Safe Street Act (aka the Wiretap Act) allows wiretapping… Read More »
“CSI Effect” Studies On Crime & Courtroom Behavior
If you thought that the “CSI Effect” was just something you made up while watching your favorite TV shows, think again: Many have expressed concerns that the “CSI Effect”—or people changing their approach to crime due to how they perceive forensic evidence as portrayed on these TV shows—could influence criminal and courtroom behavior and… Read More »
The Challenges of Social Media Evidence & Criminal Defense
The availability (or lack thereof) of evidence from social media sites in an effort to provide a jury with the truth is a serious issue in criminal defense and the criminal justice system. This is due, in part, to the fact that our system is based on the presumption of innocence, and a conviction… Read More »
Key Voting Rights Law in Jeopardy
The right to vote is one of the most important fundamental civil rights in the United States of America. Sadly, it’s also one with a complicated history: thirty years ago, barely half of all eligible voters had cast a ballot in the presidential election. As a result, the National Voter Registration Act was drafted… Read More »
Severe Mental Illness, Criminal Conviction, and the Death Penalty
In the field of criminal defense, we frequently see circumstances under which individuals are convicted of crimes without mental illness being adequately taken into account at the trial level; including circumstances which result in the death penalty. In the best case scenario, after someone has spent years and years on death row, evidence comes… Read More »
Florida Supreme Court Rejects 10 Death Row Appeals In Spite Of High Court Ruling
In a somewhat unusual—perhaps even arguably suspicious move—on January 22nd, the Florida Supreme Court rejected appeals made by 10 death row inmates, releasing 10 nearly identical rulings. Each of the cases involved inmates challenging their sentencing because juries did not unanimously recommend execution in each of the cases. The appeals were linked to a… Read More »
Study Draws Direct Connection between Brain Trauma and Criminal Behavior
A study recently released by Vanderbilt University could have huge repercussions on those who are charged with violent crimes. Specifically, the study presents evidence that draws a direct connection between certain types of criminal behavior and preexisting brain trauma. This type of study could ultimately help establish how an individual could go from behaving… Read More »
Problematic Legislation Turning Car Thief Victims into Criminals Introduced In Florida
In December, Florida House Bill 927—making it a crime to leave your keys in your car if that car is then stolen by a minor—made it to the Criminal Justice Subcommittee in the Florida House of Representatives. Below, we discuss major potential criminal defense and civil rights issues associated with the proposed bill, which… Read More »
How to Avoid Getting Arrested
There are some important tips to keep in mind in order to avoid getting into legal trouble. Below, we discuss them in greater detail: Don’t Smoke Marijuana in Public Even if you live in a state that has decriminalized marijuana, or legalized the medical and/or recreational use of marijuana, remember that smoking in public… Read More »
Secret DNA Database Raises Civil Rights Concerns
We’ve previously written about the largest DNA crime lab in all of North America, and how instrumental it is in producing “evidence” in thousands of criminal cases every year. In December, police and crime lab officials faced tough questions about whether keeping an unregulated DNA database—which contains DNA from everyone, including innocent people—violates the… Read More »
Tampa Forum Highlights Much-Needed Reforms for Florida’s Juvenile Justice System
On December 11th, a criminal justice reform forum was held in Tampa, with a focus on changing the way Florida treats juvenile offenders. Florida currently sends more children to prison than any other state, where many of the punishments they meet do not fit the crime. Just since 2009, more than 14,000 minors have… Read More »
Animal Cruelty Charges
News of three men being charged with two felony counts of aggravated animal cruelty in association with the notorious shark dragging broke on December 12th. The men are also facing misdemeanor charges in association with taking the shark illegally. The video went viral in late July, and allegedly implied that the shark had purposely… Read More »
Update: November/December Wrongful Death Cases & Settlements
This winter, some several important wrongful death cases around the country were both filed and settled, igniting justice for those who lost a family member due to negligence. There simply is no replacement for losing a loved one, and for many families, when that loved one is a child who has robbed of their… Read More »
Major Civil Rights Case Argued In Of U.S. Supreme Court
On December 5th, the U.S. Supreme Court heard arguments in a case that will be monumental for civil rights: Masterpiece Cakeshop v. Colorado Civil Rights Commission. The case involves a Colorado baker who refused to bake a cake for a couple who was getting married because the couple was homosexual. While arguments indicated that… Read More »
Civil Rights Update
When it comes to how the police treat citizens, it is imperative that they practice constitutional policing. As a citizen, you are entitled to very specific rights. Below, we discuss some recent events and developments in addressing issues where those rights were violated: Man Bitten By Police K-9 Sues Deputies for Civil Rights Violation… Read More »
