Florida Criminal Law Blog

Published by Florida Criminal Defense Attorney M. James Jenkins

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  • Ray Guhn "Obscenity" Prosecution in Pensacola
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  • Steroid laws in Florida and in the Federal System
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Topics

  • Death Penalty
  • Developing Relationships with Victims and Witnesses
  • Domestic Violence
  • Drunk Driving
  • Excessive Force
  • Federal Sentencing
  • Florida Juries Given Additional Rights
  • Florida's RICO statute
  • Gambling or Sweepstakes: What is the Difference?
  • Gangs in Pensacola?
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  • Obscenity and Racketeering
  • Responsible Journalism?
  • The Use of Testosterone and Performance Enhancing Substances
  • Training for Trial Lawyers
  • obscenity law--child pornography

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Recent Entries

  • June 30, 2008 9:19 AM
    Ray Guhn "Obscenity" Prosecution in Pensacola In Santa Rosa County last week four individuals from Escambia...
  • May 25, 2008 10:13 AM
    Internet Crimes - A New BattlefieldAlso, this case potentially could impact the law of solicitation in regards to the First Amendment more so than the impact on child pornography law. Eugene Volokh of the "Volokh Conspiracy" writes: "Today's U.S. v. Williams opinion might seem like a child pornography case; but the key (though not unexpected) holding is that there is a First Amendment exception for solicitation of crime or offer to commit a crime, see Part II-B. This is not the same as the "incitement" exception, which bars only speech that's intended and likely to produce imminent lawless conduct. Rather, it's an exception that covers a proposal to engage in specified illegal activity, even if the activity is to happen at some unspecified time in the future, and even if the activity isn't likely to happen. "Please help me out of my marital problems, my friend, by killing my wife" wouldn't be incitement, for instance, but it would be solicitation. Likewise, "please help me out of my marital problems, my friend, by shooting my wife right now" probably wouldn't be incitement if it was highly unlikely to succeed, but it would also be solicitation or attempt (some solicitations are punishable as attempts). Solicitation to commit a crime is generally outlawed, but of course criminal laws have to pass muster under the First Amendment. Williams holds that this is indeed so."
  • April 21, 2008 10:45 AM
    Is Attorney contact with witnesses and victims allowed in Florida?Often times it is necessary, in the right type of...
  • April 19, 2008 9:48 AM
    Being Arrested is Different from Being Formally Charged In Pensacola, as elsewhere in Florida, once a law...
  • November 18, 2007 9:59 PM
    Steroid laws in Florida and in the Federal SystemWith all the Barry Bonds media coverage I thought it...

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