State and federal laws have evolved to strictly prohibit and criminalize the possession of child pornography, aiming to protect vulnerable victims and ensure justice. However, with the rise of technology and artificial intelligence, new challenges have emerged, particularly in relation to AI-generated content that mimics child sexual abuse. Lawmakers and…
Hearsay is a term that often comes up in legal discussions, especially in criminal cases. In simple terms, hearsay is any statement made outside of court that is presented in court to prove the truth of the matter asserted. While this type of evidence can sometimes provide valuable insights, it…
Both United States Federal Courts and Florida state courts consider many factors when issuing a sentence after a criminal conviction. Generally, courts will apply factors that relate to the charged crime specifically, as well as factors relating to the defendant’s criminal history, character, and ongoing risk to the public. Sentencing…
As technology progresses, Florida police officers, prosecutors, and courts face novel questions as to how the Fourth Amendment protections against unlawful searches and seizures apply to evidence sought from a cloud account or other online storage source. The Eleventh Circuit United States Court of Appeals recently ruled on a case…
Defending against sex crime allegations in Florida can be an uphill battle. Florida defendants have the right to a trial by jury, however, selecting a jury in a sex crime prosecution can be especially difficult, as many members of the public may have a bias against anyone accused of a…
Florida law criminalizes a variety of sexual misconduct in addition to the general crimes discussed in the criminal code. Many sexual crimes are established or exacerbated by the specific relationship between the alleged perpetrator and the victim. When someone uses a position of trust or authority to encourage or coerce…
In a recent case, the United States Court of Appeals for the Eleventh Circuit issued an opinion in an appeal involving a child pornography conviction. The defendant-appellant was charged and convicted of producing and possessing child pornography in violation of 18 U.S.C. §§ 2251(a) and 2252A(a)(5)(b). On appeal, the defendant…
The federal sentencing guidelines offer a framework for judges to utilize when determining the sentence of an individual convicted of a federal crime. Sentencing guidelines generally incorporate both aggravating and mitigating circumstances surrounding the defendant’s history or conduct in order to modify the sentencing judge’s discretion in accordance with congressional…
Sentencing guidelines are used in the state of Florida to advise judges as to appropriate sentences for each crime. The sentencing guidelines often incorporate both aggravating and mitigating circumstances to increase or decrease the level of offense and suggested sentence. The sentencing guidelines for sexual offenses allow for a broad…
Florida jails and prisons have historically experienced significant problems with rape and sexual assault among inmates. Additionally, the correctional staff is often involved in sexually assaulting inmates. In response to increasing public concern with the endemic prison rape problem nationwide, the United States Congress passed the Prison Rape Elimination Act…