Florida Law Change

Written by R. A. Stewart Just who is responsible for the outcome of the discharge of a firearm? Is it the person who is in possession of the firearm, the person who owns it but is not the person who fired it, the person who bought it as a gift for the person who discharged it, or accomplices to a different crime which resulted in a firearm related death? It all depends on which state we are talking about in the US. In one state, parents of a teenager bought him a firearm and he went and used it to kill several of his fellow students with it. He received a life without parole sentence while the parents were charged of a less serious crime because they supplied him with the firearm in the knowledge that he had mental issues. This law-abiding couple still received severe sentences.  In this case it seems that they were made the scapegoat for their son’s behaviour. Florida is one of several states of America that has the “Felony law” in place. This is when a participant in a fatal crim...

Why the Florida Felony rule is unjust Florida and other states of America have what is called, “The Felony Rule.” It is when someone who wasn’t directly involved in the death of someone else was involved in the felony which led to that individual’s death. A perfect example of this is the case of Jennifer Mee from Florida. As a nineteen year old Jennifer was involved in a mugging which led to the death of the victim. Her two male accomplices carried out the mugging and during this process the victim was shot. There was no intent involved in the death. It was simply a matter of unintended consequences as far as Jennifer was concerned. The trio were convicted of first degree murder and sentenced to life without parole.  Thinking about this case it is difficult to see how anyone can justify such a harsh sentence when there is no intent involved because Jennifer received the same sentence as some of the worst murderers in the US. While the rule’s intention is to deter crime, its broa...

Life without parole unjust for under 21 Year olds... According to the Supreme Court in Massachusetts sending under 21 year olds to prison for life without the possibility of parole is unjust. The State's highest court ruled that anyone under the age of 21 cannot be sentenced to life in prison without the possibility of parole, raising it from under 18.  There was a 4-3 ruling in favour of the ban, describing life without parole sentences for those under 21 as cruel and unusual under the Massachusetts Constitution. At the centre of this case was the finding which confirms that the brains of emerging adults are similar to that of juveniles. In 2013 the court ruled that defendants under 18 could not be sentenced to life without parole based on the fact that "it is not possible to prove that a juvenile is irretrievably depraved," thus under these circumstances such a severe sentence is unjustified." This ruling took place in the Commonwealth V. Sheldon Mattis case, which...

Written by R. A. Stewart In 2010 Florida women Jennifer Mee was convicted of first degree murder. “Was the death premeditated” “No” Was the death intentional “No” Was the death malicious “No” Did Jennifer actually kill the victim “No” Then why was she found guilty? The answer Under Florida law all participants in a fatal robbery are equally guilty of murder. Is it right... that someone who had no intention to murder can face the same charges as someone who committed the murder? And spend the rest of their life in prison... for a murder she did not commit... but... she is guilty according to Florida law. The worst part of it is that there is no room for a judge to use their discretion. This law is known as “The Feloney Rule.” Florida is not the only state where this law is applicable. A petition is circulation as part of a campaign to change this situation. You can see details on this on the link below: Change.org Abolish the Felony Murder Rule in America!! At Change.org there is a peti...

Question: A young lady agreed to go on a date with a young man she contacted online. But rather than romance on her mind she planned to rob him with the assistance of two male colleagues. This ended tragically when her date was fatally shot. Note there was never any intent involved as far as the fatally was concerned. What sentence did she receive? #changefloridalaw #florida #prisonreform #floridaprisonreform Answer: She received life without the possibility of parole as did her two male colleagues. This is unjustified when you consider all of the mitigating circumstances and the comparisons made with other murders in Florida. This death is at the lower end of the scale. A change of law is required in Florida in how sentencing is applied to deaths and the definition of murder. In this instance this young lady’s part in this crime fits the definition of involuntary manslaughter rather than murder. Fill out the petition below to change this unjust law. There is also a petition for this y...

The difference between first and second degree murder in Florida The difference between first and second degree murder in Florida can be summed up in one word, "Premeditation." Was the death intentional? What kind of planning went into the fatality is the difference between first and second degree murder. Premeditation is not the only circumstance which can lead to an individual being charged with first degree murder.  When someone commits another crime such as robbery which results in the death of another person then the resulting charge of those who were responsible will be first degree murder. In Florida as in many other states, all participants in a fatal robbery will be charged with first degree murder; whether they had anything to do with the fatality or not. This is an area which many people believe needs to be looked at and there are several reasons for this; the main one being that the person who pulls trigger should be the one solely responsible for the fatality....