Florida Law
Florida Felony & Misdemeanor Criminal Defense
- Felony & Misdemeanor Criminal Defense (Florida)
Felony & Misdemeanor Criminal Defense (Florida)
Criminal law entails establishing boundaries between acceptable and unacceptable behavior in a civilized society. A crime is an act or omission that society, through the laws of its government, has deemed to be morally or politically harmful, not only to the victim of a crime but to society as a whole. For this reason, prosecutors in a criminal case are said to represent "the people" (e.g., The People of the State of California v. Orenthal James Simpson).If a person is convicted of a crime, he or she may be fined, imprisoned, or in some states such as Florida, executed. Federal and state governments have authority to create and enforce criminal law, though the scope of federal criminal jurisdiction is more limited than a state's jurisdiction. The federal government can only define and punish crimes committed in federally owned or controlled areas such as the District of Columbia and national parks, or regarding matters expressly stated in or prohibited by the United States Constitution or the United States Code, such as postal matters, interstate commerce, securities or federal elections. A state, on the other hand, has broad criminal jurisdiction over all internal issues relating to the health, safety, welfare and morals of its citizens.
Why Punish Criminals?
There are many reasons persons committing criminal acts
are punished; one reason is retribution. A society
outraged by a person's harmful acts often feels the
need for revenge, and punishing the criminal tends
to satisfy that need. Another reason is deterrence.
Sending someone to jail or requiring him or her to
pay a fine may deter not only that person from committing
a future crime, but other persons as well. Deterrence
is an argument often used in support of the death penalty.
A third reason for punishment is incapacitation. For
the time a criminal is in jail, he or she is off public
streets and unable to commit further crimes. Public
education is a fourth reason for punishment. The publicity
surrounding the trial, conviction and punishment of
a criminal educates the public about what is appropriate
behavior and the consequences of violating the law.
The final reason is rehabilitation. Criminals who are
imprisoned have an opportunity to reevaluate their
actions and reshape their values so that when they
return to society they are able to function within
the boundaries of the law.
Elements of a Crime
Every crime is statutorily defined by a list of elements.
If a prosecutor persuades a jury (or a judge), beyond
a reasonable doubt, that each of the elements of a
crime has been met, the accused must be found guilty.
If the elements have not been met or if reasonable
doubts remain, the accused must be found not guilty.
The elements of a crime typically include (1) a physical
act (or omission), (2) the intent to commit the act,
and (3) causation, i.e., the act and the intent causing
or resulting in a violation of the law.
Mental Capacity
To be found guilty of a criminal offense, a person must
have the mental capacity to form criminal intent. Florida
law, however, presumes that no child under the age
of seven has the mental capacity to form criminal intent.
When a child is between the ages of seven and fourteen,
the law presumes that the child still lacks the mental
capacity necessary to form criminal intent, but that
presumption can be overcome by evidence. At fourteen,
a child is presumed to have the mental faculties necessary
to form criminal intent.
Insanity is another instance in which a person lacks
the mental capacity to form criminal intent. Florida
follows the M'Naghten Rule, which states that a defendant
is entitled to an acquittal if, at the time of the
crime, he or she lacked the ability to know the act
was wrong or understand the consequences of his or
her actions. The M'Naghten Rule can also be applied
to other forms of mental disability such as senility,
delusion, schizophrenia, and, in limited situations,
intoxication.
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