November 25, 2009

South Florida Criminal Defense Lawyer Discusses ‘Death Burden’

Florida_attorney.jpgA recent article in the Panama City News Herald brings up an issue that our criminal defense law firm has noticed for years: the "death burden." That is, the tendency of jurors to convict defendants in more serious cases such as murder as compared with crimes such as DUI or domestic violence.

As the article correctly points out, jurors in county court, where DUI and domestic violence are common cases, tend to empathize with the defendant, perhaps thinking back to an incident when they might have gotten charged with a similar crime themselves. In circuit court, on the other hand, defendants are convicted at a higher rate, despite the fact the burned of proof in both misdemeanor and felony trials are the same (beyond a reasonable doubt). And in both scenarios, jurors are told that the defendant is innocent until proven guilty.

This issue highlights why it's so important for those charged with a crime to choose an experienced criminal defense attorney to ensure the best possible legal counsel. A skilled lawyer knows how to handle this challenge and build a persuasive case.

Source: The little courtroom: County court is where trial attorneys are made, NewsHerald.com, October 31, 2009

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May 28, 2009

Broward Criminal Attorney Using Insanity Defense for Teen Charged with Second Degree Murder

In Fort Lauderdale, Florida, the criminal defense lawyer for a 15-year-old girl accused of killing one of her classmates has said will seek an insanity defense for his client, who faces a second-degree murder charge in connection with a November 12 shooting. The girl is being charged as an adult, so if she is convicted of murder, she could face life in prison.

The defendant reportedly told police, "I wanted her to feel pain like me," after the shooting. Her attorney said the teen suffers from severe depression which causes her suicidal thoughts and habitual self-cutting. According to court documents, the defendant sliced her arm with a razor blade 96 times the day before the shooting and sent text messages to the murder victim.

The motion outlining the insanity defense included mention of the defendant's sexual molestation at age 6. It also stated that her parents beat her with a belt on a regular and that she writes suicidal poetry and short stories.

The court date is scheduled for Tuesday, July 28.

Attorney for teen accused of killing Dillard classmate seeks insanity defense, South Florida Sun Sentinel, May 28, 2009

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