Federal Judge Rules Florida Drug Law Unconstitutional
ORLANDO, Fla. There are a number of things that may need to be adjusted in Florida, considering that they have had the tendency to over charge cases in the past most notably the Casey Anthony, (alleged accidental or negligent death, of her child) they attempted to get a death sentence, when manslaughter would have been a more appropriate charge.
So it should come as no surprise that the state of Florida has been engaging in (allegedly) improperly charging cases, so A federal judge has struck down a Florida drug law that convicts suspects of a drug offense even if they are unaware that the controlled substance is illegal.
U.S. District Judge Mary Scriven found the 9-year-old law unconstitutional in a decision Wednesday and called for the re sentencing of Mackle Shelton, who had faced 18 years in prison.
It seems like this would be a common sense issue yet you just cant seem to get the right feel for what the State of Florida is really up to in its dependence upon allegedly unlawful prosecution of people who may not be guilty of any offense at all.
Are they really doing the right thing or is this just some kind of demented method of hounding someone to the grave?
There are some indications that this process of justice or injustice depending on how you look at it could be getting out of hand.
With TV cameras everywhere, how can this defendant get a fair trial, it appears that even the judge could be in a position that he should be recusing himself and soon else ethics violations allegedly might get him disbarred.
The thing here is this, since when do we try a capitol murder case in the media?
Apparently and allegedly when the prosecution does not have enough real evidence to convict a person in court…
This is really a serious problem, because if this is how the justice system works today then how will you get a fair trial in the future?
Think long and hard about that, how would you like to be arrested with little or no real proof that you did anything wrong except for being stupid and ignorant, (sorry but you can find ignorant just about every corner gas station these days)
So, how can the state put a person on trial and ask for the death penalty when they have no proof…
Simply because they allegedly have assumed that the suspect is guilty and they cannot prove it so they set about to make it happen no matter what the cost or no matter what it takes, allegedly from leaking documents to the press and online, to giving alleged false statements to the media, to leaking investigations before the investigation is complete.
Think about that for a moment, since when does the Orange county Sheriffs office, discuss ongoing investigations in court?
Some one better investigate soon because the light of the moon is getting very dark in Florida.
It has long been a controversial punishment and in the past it has been used on those that were actually innocent of the crime they were accused of doing. The problem with the death penalty is that unless there is eye witness or evidence beyond a doubt, (which has been said before) this level of punishment when the accused may be innocent of the charges is really extreme.
Where does it stop, this mob mentality that the media has for blood and gore.
I would ask about the sanity of these people that we trust for our news, but that might be asking too much even bill orielly comes across as a little twisted sometimes.
This fascination with death and the very likely accidental death of a child is a horrible thing beyond belief.
There is no evidence that the death of Caylee Anthony was anything but an accident.
Was the mother ignorant and stupid, yes, certainly but a planned murder, no that is just not possible in this case.
Even if it were possible, in this country you must have evidence to prove your allegations, otherwise your just using the power of the state to push an emotional agenda, What kind of mentality does it take to be able to push this type of life or death issue to the supreme court when there is no evidence that this child was murdered, in fact they have no evidence that suggests the child was murdered at all.
Everything about their case is circumstantial, from friends and ex boy friends coming in and testifying about partying and such that is not evidence that is hear say, but apparently if your living in Florida that is good enough.
I know one state I will not be retiring to and that is Florida, when the state cannot bring proper charges to support the evidence of a case then this is a real problem, for example here are some of the charges levied against this defendant.
capital murder, aggravated child abuse, aggravated manslaughter of a child and misleading law enforcement in the case of the death of her daughter, Caylee.
The prosecution is seeking the death penalty.
The have no proof, they have no evidence, they have nothing that suggests anything other than accidental death, and misleading law enforcement, but when someone is trying to kill you what would anyone do, this is why it is so important for the State to file charges only for what they can prove not what they can allege, by hearsay.
Again travel in Florida at your own risk you might end up J walking and being charged with murder.
From the cutest kid in the world to a troubled woman who just cannot seem to grow up, it seems almost like a nightmare to watch the life of such a talented young woman.
Once again the buxom blond, who tends to wow the entire world with her antics, may get a pass on a felony rap sheet. Since all this started from a DWI, conviction years ago, you would tend too think that after a while if they keep trying to put you in jail. IT MEANS THEY DON’T LIKE YOU… MOVE AWAY, LEAVE THE CITY AND PAY TAXES SOMEWHERE ELSE.
Once again the buxom blond, who tends to wow the entire world with her antics, may get a pass on a felony rap sheet.
Since all this started from a DWI, conviction years ago, you would tend too think that after a while if they keep trying to put you in jail.
IT MEANS THEY DON’T LIKE YOU… MOVE AWAY, LEAVE THE CITY AND PAY TAXES SOMEWHERE ELSE.
What this amounts to is alleged vindictive prosecution, I mean here is a jewerly shop that has lost a $2500.00 necklace, and then they sell a video tape for an alleged, $40,000.00 so where is the justice here, I mean like they are actually way ahead on this deal, if you look at it that way lohan actually did them a favor by choosing them to steal from.
Yes, I know its insane, but is the city really all about this kind of thing, would this have even gone to court if she was not who she was?
Think about that, if say some spoiled rich kid got caught and said hey my dad will take care of you please dont call the coppers, they likely would have said you know what this is actually a $3500.00 necklace, and that would have been the end of it.
But no, that is not what happened, what happened was that the shop made money and made a choice to do what they did because allegedly they knew they could sell the video, that my friends is a crime, now of course Lindsay should be punished, but not above that any other person would have been punished in the same position, this is quickly becoming a serious problem.
We have allegedly insane charlie sheen allegedly banging crack cocaine and its fine but cant a girl have some fun?
Just kidding, the thing here is just a little stupid, when you have a justice system that is in the red financially this is the kind of case that should not have been filed in the first place, it is time for some reform in that county and likely a new election soon.
I seem to remember they used to have this years ago, those that were paid to bear false witness, Oh, yeagh, thats right, they did that back in 36 AD
Apparently, and I say this with a grain of salt, hearsay is now going to be allowed in a criminal case. Now this is just plain wrong, I do not care if this guy is guilty or not, you just cannot take hearsay evidence to trial, because it is just too rife for abuse. One thing is that the person that is testifying to the hearsay is emotionally involved in the case, in other words they have a motive to lie.
Hearsay could be termed as a qualified lie, because it cannot be proved to a degree of certainty.
Hearsay is information gathered by one person from another concerning some event or situation, an example would be,
Ted, told me that his sister was caught in a compromising situation, now there is no proof that this is true but the fact is that you cannot prove it, and that is a problem because you could say that this is alleged behavior, and that is a real problem.
If this is allowed, it will go to the supreme court and it will be over turned, the reason why is that you cannot convict a man of murder with no body, with no real evidence, and with only hearsay as evidence that something happened.
Now dont get me wrong here, this guy is an alleged slime, but we cannot allow this type of testimony to be proffered by the prosecution, simply because they either were so incompetent, as to not have worked the case correctly but are convinced that he in fact did do the offense he is charged with.
What ever happened to the Caylee Anthony care.
With all the recent amber alerts, over the last few months including the controversial Caylee, anthony case, where the state of florida charged and maintains that the mother was allegedly guilty of a crime, it appears they have allegedly no proof at all except for some vague circumstantial evidence, and the fact that the mother was an alleged drug addict and probably allegedly stupid to boot, yet, they had no real smoking gun so to speak.
Problems with the case continue to mount with the disappearance, of more children in florida suggestive that there in fact may be another suspect at large, and very active in abducting children.
If this is true then there is a real problem with the florida prosecution of the mother.
Will the state pay a price for alleged over zealous prosecution? We may not know for some time, but it appears that there are many problems with this case and it is particularly alarming that the state continues to pursue an alleged death sentence for the mother in order to force an alleged plea.
This type of behavior is not good for the criminal justice system as a whole and must be discouraged at all costs.
Over the last few months starting with a kidnapping charge that never met the burden of proof we have seen a steady stream of prosecutions, that are far and away over the top, recently we saw men get charged for praying, we saw a man charged with reckless homicide, the charge there was at most manslaughter, yet, we keep seeing these over reaching prosecutions.
What is going on with this and is it time to put a stop to the obvious waste of tax payer money?
In a time where every dime and dollar counts, and many cities are having trouble just making the payroll, why are we seeing these cases that can not meet the burden of proof, in each of the above mentioned cases, the people lost and I mean they lost not only the case but also a great deal of the tax payer money.
Is this a wise course of action?
Do the people not have a duty to realistically apply the law when attempting to prosecute a case?
The answer is yes they do, yet here recently we have seen some really questionable charges and the jury has returned the verdict that just about every single information suggested would be the case.
The question now becomes, should the DA be responsible for the financial losses of prosecuting a case that cannot be won?
That might sound crazy, but in reality that is what is occurring in some cases, not all but some, these cases are brought about to create a certain amount of political action in preparation for running in an election.
This is not right and cannot be tolerated, over the last few months there have been some really questionable situations and perhaps it is time that the real people of these states take a look at who is charging these cases and for what reason.
I tell you what should be next that is filing charges of vindictive prosecution against the ignorance of those people that filed these recidivous charges against this man they knew it was wrong and the judge knew it was wrong to file murder charges, The jury found the man not guilty, yes, that is right.
Now it is time to file charges against the people of that town in Kentucky because what they did was wrong. Charges should be filed, civil charges need to be filed the damages should be in the millions, why because they knew what they did was wrong yet they did it anyway they did it allegedly for publicity.
They ruined a mans life because of publicity, no one is saying that what happened was not wrong, ok, you know that too right, good, because what he did was wrong but it was not reckless homicide, and the DA knew this going into the trial and yet did nothing to stop it.
