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rainkalawllc · 3 months
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Navigating the Legal Maze: How a Criminal Defense Lawyer in Jacksonville, FL Can Help
Navigating the Legal Maze: How a Criminal Defense Lawyer in Jacksonville, FL Can Help
In the realm of criminal law, navigating the legal maze can be daunting, especially when you find yourself facing charges. However, in Jacksonville, Florida, individuals have a crucial ally in their corner: the criminal defense lawyer. This comprehensive guide aims to shed light on the invaluable role that these legal professionals play in helping individuals maneuver through the complexities of the legal system in Jacksonville.
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Understanding the Legal Landscape in Jacksonville, FL
Jacksonville, with its vibrant culture and bustling population, also grapples with its share of legal issues. From misdemeanors to felonies, individuals may find themselves entangled in the web of criminal law. Understanding the legal landscape is the first step towards effectively navigating through it.
The Role of a Criminal Defense Lawyer
A criminal defense lawyer serves as a beacon of hope for those facing criminal charges. Their primary role is to provide legal representation and counsel to individuals accused of committing crimes. In Jacksonville, these lawyers are adept at understanding local laws, and court procedures, and building robust defense strategies tailored to each case.
Why You Need a Criminal Defense Lawyer in Jacksonville, FL
The need for a criminal defense lawyer cannot be overstated, especially in a city like Jacksonville, where the legal system can be unforgiving. These professionals bring a wealth of knowledge and experience to the table, ensuring that your rights are protected and that you receive fair treatment under the law.
The Benefits of Hiring a Criminal Defense Lawyer
Legal Expertise: Criminal defense lawyers are well-versed in criminal law, procedural rules, and courtroom etiquette. Their expertise can make a significant difference in the outcome of your case.
Strategic Defense Planning: Crafting a solid defense strategy requires careful planning and analysis of the facts surrounding the case. Criminal defense lawyers leverage their experience to develop effective defense strategies tailored to the unique circumstances of each case.
Navigating Legal Procedures: The legal process can be complex and overwhelming for individuals without legal training. A criminal defense lawyer guides you through each step of the process, ensuring that you understand your rights and obligations.
Protecting Your Rights: Everyone has rights guaranteed by the Constitution, including the right to a fair trial and the right to legal representation. A criminal defense lawyer acts as a staunch advocate for your rights, ensuring that they are upheld throughout the legal proceedings.
Negotiating with Prosecutors: In many cases, criminal charges can be negotiated or reduced through plea bargaining. A skilled criminal defense lawyer knows how to negotiate with prosecutors to achieve the best possible outcome for their clients.
How Criminal Defense Lawyers in Jacksonville Build Strong Cases
Building a strong defense requires meticulous attention to detail and a deep understanding of the law. Criminal defense lawyers in Jacksonville employ various strategies to build compelling cases for their clients.
Investigation and Evidence Gathering
One of the first steps in building a defense is conducting a thorough investigation into the circumstances surrounding the alleged crime. This may involve interviewing witnesses, reviewing police reports, and gathering any available evidence that supports the client's innocence.
Legal Research and Case Analysis
Criminal defense lawyers in Jacksonville conduct extensive legal research to identify relevant statutes, case law, and legal precedents that may impact the outcome of the case. They analyze the facts of the case in light of applicable laws to identify potential defenses and weaknesses in the prosecution's case.
Expert Witness Testimony
In some cases, expert witness testimony may be necessary to bolster the defense's argument. Criminal defense lawyers work closely with qualified experts, such as forensic scientists or medical professionals, to provide expert opinions that support the client's innocence or raise doubts about the prosecution's case.
Preparation for Trial
If the case proceeds to trial, criminal defense lawyers in Jacksonville meticulously prepare for courtroom proceedings. This may involve conducting mock trials, preparing witnesses for testimony, and developing persuasive courtroom presentations to effectively advocate for their client's innocence.
The Importance of Communication and Client Support
Effective communication is paramount in the attorney-client relationship, especially in high-stakes criminal cases. Criminal defense lawyers in Jacksonville prioritize open and transparent communication with their clients, keeping them informed about the progress of their case and addressing any concerns or questions they may have.
Final Thoughts
In the end, navigating the legal maze of criminal law in Jacksonville, FL, requires the expertise and guidance of a skilled criminal defense lawyer. These legal professionals play a pivotal role in defending the rights and interests of individuals accused of committing crimes, ensuring that they receive fair treatment under the law. By understanding the legal landscape, recognizing the benefits of hiring a criminal defense lawyer, and appreciating the strategies they employ to build strong cases, individuals can navigate through the complexities of the legal system with confidence and peace of mind.
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ausetkmt · 11 months
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Police dogs are often portrayed as harmless, loveable members of the local police. But many departments across the country use dogs as weapons, training the animals to bite thousands of people every year, causing serious and even fatal injuries.
A new investigation from The Marshall Project, AL.com, IndyStar and the Invisible Institute exposes the widespread use—and abuse—of dogs in police departments across the U.S.
Here are six takeaways from our findings, based on data from departments across the country, thousands of pages of documents, videos and scores of interviews with victims, police officers and experts. The main article based on the investigation contains more information. We will publish more reporting in the coming weeks.
People are bitten across the country, but some cities use biting dogs far more often than others. There’s no national database of police dog use and who is bitten. Our reporting found bites in nearly every state, though data from more than 50 police departments shows the numbers vary widely by city. Police in Chicago almost never deploy dogs for arrests and had only one incident from 2017 to 2019. Washington, D.C., had five. Seattle had 23. New York City, where policy limits their use mostly to felony cases, reported 25. By contrast, Indianapolis had more than 220 bites and Los Angeles reported more than 200 bites or dog-related injuries. The Sheriff’s Department in Jacksonville, Florida, had 160 in this period.
Bites can cause life-altering injuries, even death. Dogs used in arrests are bred and trained to have a bite strong enough to punch through sheet metal. Their bites can be more like shark attacks, according to experts and medical researchers. When they are used on people, they can leave harrowing scars, torn muscles and dangerous infections. A woman’s scalp was torn in California; a man’s vocal cords were damaged in Colorado; an Arizona man’s face was ripped off. Occasionally, someone dies after an encounter with a police dog. Most recently, a 51-year-old handyman bled to death after being bitten by a police dog in Montgomery, Alabama, in 2018.
Many people bitten were not violent and were suspected of minor crimes—or no crime at all. While many police agencies say they use dogs only to capture people accused of violent crimes or when officers are in danger, our review of bites around the country found the dogs are frequently used in minor cases: traffic violations, shoplifting, mental health checks, trespassing and running from police.
Police officers sometimes can’t control the dogs, worsening injuries. Even when dogs are trained to release their bites with a verbal command, they sometimes don’t let go. While training experts say bites should last seconds, we found numerous cases that lasted minutes as handlers struggled to pull off the dogs. Some experts said that makes injuries worse, tearing flesh as the dogs are pulled away.
There’s little accountability or compensation for many bite victims. Excessive force lawsuits over dog bites are difficult to win. Police officers are often shielded from liability, and federal civil rights laws don’t typically cover bystanders who are bitten by mistake. It can also be hard for someone who pleads guilty or gets convicted of resisting arrest, or a similar crime, to file a lawsuit. Even when victims can bring cases, lawyers say they struggle because jurors tend to love police dogs.
Read the main article. In addition, our reporters will continue publishing stories from this investigation in the coming weeks, including the story of a Washington, D.C., woman who went for a walk, then encountered a police dog; an examination of the police department with the worst dog-bite rate among the nation’s 20-largest city agencies; and an examination of police dog use in Alabama and the state’s most dangerous K-9 unit.
Correction: An earlier version said a Maryland woman was bit while on a walk. She lives in Washington, D.C.
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bfistacom · 2 years
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Jacksonville Car Coincidence Attorney
Jacksonville Car Coincidence Attorney
Home » Car Accidents Were you or a loved one harm in a automobile coincidence in Jacksonville? If so, you’ll want a Jacksonville vehicle twist of fate lawyer with a tune report of achievement in fighting for sufferers just like you. That’s why Baggett Law Personal Injury Lawyers need to be your first call after your car crash. Our group has decades of combined felony enjoy and is fairly…
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Speak with our attorney today about your circumstances and find out how we can help you fight the charges. Email us, call today, or stop by either our Jacksonville or Orange Park locations for a consultation with a criminal defense law firm.Get a Free Consultation !!! Our criminal defense attorney works for you.
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chriswhitelawyer · 3 years
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Fatal Drunk Driving Accident
On February 14, 2021 twenty three year old Hannah Carpenter was killed by a drunk driver. The car accident happened in Charleston, South Carolina. Our sincerest condolences to young Hannah’s family. I pursue compensation for persons injured in car accidents or family members of a wrongful death victim.
The fatal accident occurred when a twenty two year old man driving a vehicle while allegedly intoxicated impacted Hannah. She was a pedestrian at the time of the incident. A vehicle versus pedestrian accident is a special kind of case requiring its own individual analysis. At The Law Offices of Christopher G. White, P.A. I take every accident case very seriously and pursue maximum compensation for clients. Young Hannah’s immediate family most likely has a valid insurance claim for compensation against Anthony Troiani.
According to the authorities, a silver Buick Lucerne was traveling northbound on King Street when it struck Hannah. Hannah was taken to Medical University of South Carolina where she later died. The driver, Troiani was a senior at the Citadel military college and was charged with felony DUI.
I am an experienced drunk and drugged driving accident attorney. There is a different set of circumstances and factors that come into play when an individual is struck by an impaired driver. For example, quite often you will want your attorney to obtain the police records for the case. This becomes important later when it is time settle the case with the insurance company. Quite often punitive damages are applicable. I have represented numerous clients that have been hit by an impaired driver and have secured substantial compensation for my clients. If you have been injured or a family member killed by an impaired driver, I can provide you a free consultation to see if you are entitled to maximum compensation. T
Please note that none of the foregoing is legal advice nor should it be considered a legal advertisement, if you have a legal matter you should most likely contact an attorney. Even if you decide not to call me you should probably still get in contact with an Attorney. The Law Offices of Christopher G. White, P.A. is a Global Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Check out my website and blog articles. Thank you for reading, please also look at my other practice areas, like Security Clearance Lawyer and Car Accident Attorney. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube Channel, TikTok, Instagram, Facebook, Twitter, LinkedIn, Tumblr, Blogger, Reddit, Yelp, Avvo and Justia. Thank you for your time and consideration, please find our office locations listed below for your convenience.
The Law Office of Christopher G. White, P.A. A GLOBAL LAW FIRM (available in person, skype, facetime or zoom)
Tel: (434) 660-9701
Fax: (434) 818-0866
Washington, D.C. Office Available by Appointment:
1701 Pennsylvania Avenue, Suite 200
Washington, DC 20006
Lynchburg, Virginia Office Available by Appointment:
100 Tradewynd Dr.
Lynchburg, VA 24502
Jacksonville, Florida Office Available by Appointment:
9424 Baymeadows Rd. Ste. 250
Jacksonville, FL 32256
Tags: Auto Accident AttorneyCar-Accident-LawyerGlobal-Law-Firmmotorcycle accident attorneyPedestrian Accident AttorneyPersonal-Injury-LawyerPremises-Liability-Lawyervehicle accident attorneywrongful death attorney
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yourjacksonville · 2 years
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How to Hire the Best Criminal Defense Attorney
Criminal protection legal professionals are professional experts who've revel in protecting their customers in opposition to critical legal or misdemeanor crook costs. The first-class crook protection experts have finished years of schooling withinside the regulation and crook protection fields and that they have masses of hours of real-international court docket revel in dealing with competitive prosecutors. - Jacksonville Business Lawyer
When confronted with a crook complaint, the defendant have to understand the way to locate the first-class protection crew to be had a good way to boom their odds of an acquittal, favorable plea good buy or 'now no longer guilty' verdict.
According to Oklahoma crook protection legal professional Tommy Adler, his aim withinside the court docket is continually to provide his consumer as greater than simply the costs dealing with him and to persuade the decide and jury that his consumer merits any other hazard at life.
Adler has represented customers in Oklahoma dealing with costs from easy misdemeanors to critical homicide costs. He has a beautiful fulfillment price with as many as 95% of his consumer instances ensuing in an acquittal or 'now no longer guilty' verdict.
A great crook protection legal professional have to be professional at accumulating and assimilating facts concerning the case. They have to be acquainted with all witnesses, regulation enforcement, case reviews and post-mortem reviews (if applicable). They have to be acquainted with the fashion and records of the prosecuting crew a good way to formulate a plan of the way to first-class protect in opposition to the costs.
Criminal protection legal professionals in every nation have to be acquainted with each regulation concerning the legal or misdemeanor costs which their consumer is dealing with and with all viable punishments, fines, consequences and viable prison time their consumer might also additionally face.
To locate the first-class crook protection lawyer, one have to observe those guidelines:
Do your research - Criminal protection legal professionals can have a file of fulfillment withinside the court docket, with excessive fees of 'now no longer guilty' verdicts, a success plea deals or acquittals for his or her customers. All of this facts is public file and have to be to be had to you thru your county clerk.
Know their records - If you're confronted with a selected crook price along with inebriated driving, home abuse, assault, murder or some other price, it's miles cautioned to locate an lawyer who focuses on your particular form of crime. This guarantees that they'll be the maximum acquainted with the legal guidelines and consequences for those crimes and could understand how first-class to protect in opposition to them in courtroom docket for your nation.
Find a unfastened consultation - The first-class crook protection legal professionals will by no means ask for cash prematurely earlier than presenting you with a case assessment. Quality regulation companies offer a unfastened case assessment earlier than both birthday birthday celebration makes a decision to embark on a felony settlement in order that each events worried could make a choice that the cautioned partnership will advantage all people worried.
Ask for references - By getting consumer and felony references to your protection crew you're making sure that you'll have an lawyer so as to constitute you in a responsible, expert and being concerned manner. The protection lawyer turns into the "face" of your crime in courtroom docket and also you need to make certain which you have a consummate expert to your side.
For More Info:  best lawyers in florida
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Details, Fiction and Black Law Firm in Jacksonville
If the incident wasn’t your fault, your damage law firm and staff members will do a complete analysis with the accident report and When you are not able to obtain compensation from the insurance provider, your lawyer will go ahead and make you subject to trial and permit a decide or jury to choose who was at fault.t.
Use FindLaw to hire a neighborhood legal legislation legal professional in your area to protect your legal rights at each stage of a misdemeanor or felony situation -- from an arrest to a charm immediately after conviction.
You will discover authorized protection choices for anyone billed for having a sexual intercourse crime demand. If accused of publicity of genitals, there may be harmless explanations for your steps. Typical defenses incorporate:
The listing of regulation organizations has been carried out following conducting profound analysis working with multiple qualitative and quantitative metrics. Now you'll be able to decide on the fantastic law firm solutions in Jacksonville that can help with your authorized business functions.
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I regulate two purchaser individual bankruptcy regulation firms ~ in Florida and Utah. About the 26 yrs of managing client legislation firms, I came to realize that they are not law firms at all.
Be the main to be aware of the newest breaking news and information that business enterprise leaders trust in In this particular speedy-paced changing Northeast Florida financial state.
It is a dynamic list and should in no way have the ability to fulfill certain standards for completeness. You may also help by including missing merchandise with reputable sources.
With places of work in Lake Metropolis and Jacksonville, Douglas & Carter would be the legislation firm you will need when you have suffered a private personal injury at the hands of somebody else’s negligent habits. Our personalized injuries lawyers hold the large-metropolis, large-firm encounter necessary to tackle scenarios of any dimensions or complexity; we also exercise in smaller cities during northern Florida and comprehend the importance of a private contact to An effective and satisfactory result for our clients.
An indecent publicity legal professional can help you realize your legal rights and establish the best legal defense possibilities.
We scour the online world for opinions from properly-acknowledged assets. Every single supplier is evaluated depending on the quality and quantity in their opinions, their existence on several overview internet sites, and their typical minimum rating.
A short through the Governor’s Office reiterated DeSantis’ need for a view within the effect of Florida’s “minority-voting-safety provision, such as whether or not it requires a district in northern Florida that stretches a huge selection of miles to connect Black inhabitants in Jacksonville that has Black inhabitants in Gadsden and Leon counties so they can elect an applicant of their option, Although not a vast majority.”
If possible, our profiles can even consist of one-way links for the work & labor attorney's biography, firm Internet site, and other appropriate info to take into consideration.
As a previous Deputy District Lawyer, I prosecuted a wide choice of felony matters from misdemeanors to really serious felonies. My substantial knowledge and Perception of the prison legislation system have assisted from the profitable defense of numerous customers. I also advocate for shoppers...
We scour more info on the net for testimonials from very well-known assets. Each supplier is evaluated based upon the standard and quantity of their testimonials, their existence on various evaluation websites, as well as their normal minimum amount rating.
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defenseattorny · 3 years
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Find Out How To Get the Best Personal Injury Attorney
When you or someone near you has skilled a bodily harm because of a person else's actions, it is secure to mention which you can probable need the reimbursement of that harm, and for that you may require the high-quality non-public harm legal professional. There are hundreds of thousands of folks who shrink back of admitting their errors which result in accidents to some other person, and different coverage carriers make massive earnings via way of means of under-compensating harm victims. The majority of coverage companies have lawyers doing paintings for them 24/7, and that they recognize that maximum human beings do now no longer realize some thing approximately jurisdiction and their character felony rights; and that is why it's far vital which you cope with a non-public harm attorney need to you go through any bodily harm because of a person's fault. - Personal Injury Attorney
  If an harm declare is complicated, it is probably high-quality to reap the recommendation of an legal professional. Selecting simply any form of attorney is not a useful long-time period approach. You need to pick out someone who has enjoy dealing with injured individuals, or plaintiffs, in harm claims. The appropriate non-public harm legal professional goes to be skilled, have a great recognition and someone that may be trustworthy.
  Although harm legal professionals not often fee for an preliminary assembly with a potential client, simply earlier than your assembly you want to inquire if there may be a charge to have an preliminary session. Should there be one, you may be obliged to pay that charge despite the fact that you do now no longer keep the offerings of the attorney. However, even supposing the session charges nothing, you have each proper to take the time to suppose earlier than you rent an legal professional, and you have got were given each proper to determine now no longer to rent the legal professional. Hiring a non-public harm legal professional is a massive step, and there may be no trouble with speakme to numerous legal professionals to find one that makes you comfortable.
  One of the high-quality approaches to discover a non-public harm legal professional could be to seek advice from a attorney you trust. If you do now no longer realize any lawyers, ask your buddies for names of legal professionals they trust. It is not essential that they come up with the call of an legal professional who can manage your case - the maximum essential component is that the attorney is possibly to recognize the problems of your scenario, and is well-placed to recognize which legal professionals for your neighborhood network have the talents to attend to your case. Whether or now no longer the legal professional can't in my opinion take your case, he's going to frequently be capable of refer you to an legal professional who can.
For More Info:  Family Law Attorney In Jacksonville
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ausetkmt · 11 months
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The tiny pink house was pretty much empty. And run-down and dark, since the electricity had been shut off. Nevertheless, someone was trying to burglarize it, a caller told 911 well after midnight on a Sunday in Montgomery, Alabama.
The police called in a K-9 handler and his dog, Niko, to search 3809 Cresta Circle. The dog lunged, found a man and bit down, according to court records. It took almost two minutes for the handler to pull the dog off. And before long, their suspect, a 51-year-old Black man, bled to death. The dog had torn an artery in his groin.
The man was Joseph Lee Pettaway, and his family says he was no burglar. He got in trouble for bad checks and served time years ago, but was now taking care of his 87-year-old mother, Lizzie Mae, and helping to repair the pink house in her neighborhood, they said; he had a key and permission to sleep there.
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Joseph Pettaway’s sister, Jacqueline, comforts their mother, Lizzie Mae Pettaway. Joseph died in July of 2018 in Montgomery, Alabama, after being bitten by a police dog.Joe Songer/AL.com
The family is suing the city, seeking damages and information about what happened. “I never thought a dog would end up killing anybody, especially a trained dog,” said Walter Pettaway, Joe’s brother. The family also wants public release of the police bodycam video from July 8, 2018, that is described in court documents.
The city is fighting to keep the video from going public, arguing in court that it would cause “annoyance, embarrassment” for officers who were acting in good faith and could end up “facilitating civil unrest.” Officials did not respond to requests for comment.
Police dog bites are rarely fatal. But in other ways, the case of Joseph Pettaway is not unusual. These dogs, whose jaws and teeth are strong enough to punch through sheet metal, often produce severe injuries. Police employ them not only in emergencies, but also for low-level, non-violent incidents. The dogs bite thousands of Americans each year, including innocent bystanders, police officers, even their own handlers. And there is little oversight, nationally or in the states, of how police departments use them.
These are some of the findings of an investigation by The Marshall Project, with AL.com, IndyStar and the Invisible Institute in Chicago. We obtained dog-bite data from police departments around the country, including the agencies in the 20 largest U.S. cities. Our reporters also examined more than 140 serious cases nationwide, and reviewed thousands of pages of documents, including excessive force lawsuits, department policies, arrest reports and medical studies. We looked at scores of videos of police dog bites. We spoke with victims and their lawyers, law enforcement officials, former and current trainers and other experts.
Here’s more of what we found:
Though our data shows dog bites in nearly every state, some cities use biting dogs far more often than others. Police in Chicago almost never deploy dogs for arrests and had only one incident from 2017 to 2019. Washington had five. Seattle had 23. New York City, where policy limits their use mostly to felony cases, reported 25. By contrast, Indianapolis had more than 220 bites, and Los Angeles reported more than 200 bites or dog-related injuries, while Phoenix had 169. The Sheriff’s Department in Jacksonville, Florida, had 160 bites in this period.
Police dog bites can be more like shark attacks than nips from a family pet, according to experts and medical researchers. A dog chewed on an Indiana man’s neck for 30 seconds, puncturing his trachea and slicing his carotid artery. A dog ripped off an Arizona man’s face. A police dog in California took off a man’s testicle. Dog bites cause more hospital visits than any other use of force by police, according to a 2008 academic analysis of 30 departments.
Many people bitten were unarmed, accused of non-violent crimes or weren't suspects at all. Court records show cases often start as minor incidents—a problem with a license plate, a claim of public urination, a man looking for a lost cat. Although some departments, like Seattle, Oakland, California, and St. Paul, Minnesota, now have strict criteria about when dogs can bite, many continue to give officers wide discretion.
Some dogs won’t stop biting and must be pulled off by a handler, worsening injuries. Although training experts said dogs should release a person after a verbal command, we found dozens of cases where handlers had to yank dogs off, hit them on the head, choke them or use shock collars.
Men are the most common targets of police dog bites—and studies suggest that in some places, victims have been disproportionately Black. Investigations into the police department in Ferguson, Missouri, and the Los Angeles County Sheriff’s Department have both found that dogs bit non-White people almost exclusively. Police dog bites sent roughly 3,600 Americans to emergency rooms every year from 2005 to 2013, according to a recent study published in the Journal of Forensic and Legal Medicine; almost all were male, and Black men were overrepresented.
For many bite victims, there’s little accountability or compensation. Federal civil rights laws don’t typically cover innocent bystanders. In many parts of the country, criminal suspects can’t bring federal claims if they plead guilty or are convicted of a crime related to the biting incident. And even when victims can bring cases, lawyers say they struggle because jurors tend to love police dogs—something they call the Lassie effect.
Police dogs have a highly charged history in the United States, especially in the South, where they were used against enslaved people and, in the 1960s, civil rights protesters.
How Dogs Were Used as Weapons in North America’s History
French colonizers used hundreds of hounds against enslaved people who rebelled during the Haitian Revolution (1791-1804), according to Tyler Parry, assistant professor of African American and African Diaspora Studies at the University of Nevada, and Charlton W. Yingling, Assistant Professor at University of Louisville. An 1805 engraving shows trained bloodhounds attacking a Black Haitian family. Archive Photos/Getty Images
During the Second Seminole War (1835-1842), the United States military used Cuban bloodhounds to force the Seminole Indians from central Florida to west of the Mississippi River, as seen in an 1848 lithograph. MPI/Getty Images
An 1864 engraving by Van Ingen & Snyder depicts an enslaved man protecting his family from bloodhounds. Dogs were used to hunt enslaved people of African descent in the U.S. who had attempted to escape as early as 1790, according to Dr. Parry and Dr. Yingling. AF Fotografie/Alamy
A Black high school student, Walter Gadsden, 15, is attacked by a police dog during a civil rights demonstration in Birmingham, Alabama, in 1963, in this photo by Bill Hudson. These and other iconic images from the Birmingham protests shocked many Americans and helped bring an end to segregation laws. Bill Hudson/Associated Press
Officers brought dogs to the Newark race riots of 1967, which began in response to the beating by police of John Smith, a Black cab driver. An officer with a dog argued with a man on July 14, 1967. Agence France-Presse, via Getty Images
A police dog attacks a Steelers fan during the celebration of the team’s Super Bowl victory in downtown Pittsburgh, Jan. 22, 1979. R.C. Greenawalt/Associated Press
But police departments that use dogs said the K-9s are essential tools for finding fleeing suspects, and for searching dark, narrow spaces for hidden dangers. That makes them crucial for officer safety.
Not every suspect who runs or hides or is not complying with commands will try to injure an officer, said Deputy Chief Josh Barker of the Indianapolis Metropolitan Police Department. But, he said, "In a lot of the instances, we're using that K-9 as a tool because we simply don't know.”
When police use dogs properly, injuries should be minor and require little treatment, handlers, trainers and experts said. The dogs are trained to create puncture wounds, but little else. The wounds should not involve tearing flesh, and the bite shouldn’t last long—seconds, not minutes.
The dogs are “not taught to rip, they’re not taught to tear, they’re not taught to maim,” said Kenneth Licklider, who has been training and selling police dogs for decades. Licklider owns Vohne Liche Kennels in Indiana, which supplies dogs and trains their handlers.
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Kenneth Licklider, owner of Vohne Liche Kennels, walks through a hallway in one of the many training buildings at his facility, in Indiana, in September. Licklider, who founded the company in 1993 after retiring from the military, has been training canines for more than 40 years. Mykal McEldowney/IndyStar
And with training and supervision, the dogs bite only a fraction of the times they are used, officials said. That’s a hard statement to prove, because few departments keep standardized data. Many of those that responded to our requests for records did not provide information on deployments, and when they did it was incomplete and inconsistent.
As a spokesman for the Jacksonville sheriff noted, “With policies varying among agencies, the number of engagements cannot be accurately compared.”
But some attorneys said the law should treat police dogs as lethal weapons. “I'd put being attacked by a dog just below being shot,” said Hank Sherrod, who has represented dog bite victims in Alabama.
Law enforcement agencies employ about 15,000 dogs for everything from finding lost children to sniffing out drugs, according to the U.S. Police Canine Association, a professional group. But no countrywide database tracks police dogs, the number of bites or who is bitten. There are no national requirements for dog handlers.
Handling dogs is more art than science, some in the business say. “The handler’s personality will go right down that leash,” said Ernie Burwell, a former canine handler for the Los Angeles County Sheriff who now testifies as an expert witness in excessive force cases. “If the handler’s an idiot, the dog will be, too.”
The lack of regulation worries some experts.
“It’s just sort of the Wild West when it comes to these dogs,” said Christy Lopez, a professor at the Georgetown University Law Center who previously focused on policing and civil rights at the U.S. Department of Justice. She recalled speaking to a young Black teenager in Ferguson, Missouri, who’d been curled up in a closet when a police dog gnawed on his arm.
“In Ferguson, I realized this was not a thing that needed to be reformed,” Lopez said. “It was a thing that needed to end.”
The Police Executive Research Forum, a prominent law enforcement think tank, recently called for clearer national standards to ensure all agencies have protocols for canine use.
Police officers said they are already careful about using dogs.
“A dog bite, it’s a violent encounter,” said Patrick McKean, trainer for the Mobile Police Department in Alabama. “The dog’s hurting somebody. We’re not going to just do that just for any little reason.”
Trainers say bites are worse when people don’t follow orders—when they try to run or fight back. But many videos we reviewed show people screaming in terror or flailing around, even as the handler yells at them to stop.
“It’s really hard for someone not to move when they’re bitten, and the more they move, the more they’re bitten,” said Ann Schiavone, a law professor at Duquesne University in Pittsburgh who is an expert in animal law.
Take the case of Patrick Gibbons, a White 47-year-old who sells golf supplies. On May 5, 2019, he flagged down a golf-cart taxi in the Old Town district in Scottsdale, Arizona. After Gibbons demanded that the driver go faster and even tried to push the accelerator himself, the driver got out. Gibbons took off (at 15 mph) in the cart. The driver called 911, telling the dispatcher Gibbons was unarmed but drunk.
On May 5, 2019, officers in Scottsdale, Arizona released a patrol dog on Patrick Gibbons after he stole a golf-cart taxi while drunk. Courtesy of Patrick Gibbons
A swarm of patrol cars responded while Gibbons, wearing shorts and flip flops, laughed and gave police the finger. After they punctured the cart’s tires to stop it, Gibbons put his hands up. Then, an officer released the patrol dog, police video shows.
For almost two minutes, the dog chewed on Gibbons’ back and side. Police said Gibbons was “flinging the K-9 from side to side,” according to an internal affairs report, and they fired non-lethal weapons at him.
“I couldn’t move without feeling some sort of pain,” Gibbons said. “There’s still stiffness. Now I just tell people I was attacked by a shark.”
Gibbons received a $100,000 settlement from the city for his injuries, but said he’s dissatisfied that criminal and internal investigations cleared officers of any wrongdoing. Gibbons said he took a plea deal for driving while intoxicated and stealing the golf cart, spending 36 days in jail and five months on home arrest.
A police dog mauled Patrick Gibbons in Scottsdale, Arizona, in May 2019. The photos below, which Gibbons said were taken about a week after the incident, show his injuries from the dog to his torso and arm. Top: Cassidy Araiza for The Marshall Project; bottom: Courtesy of Patrick Gibbons
A Scottsdale police spokesman said officers received the call as a reported carjacking and believed they were responding to a violent felony. He said Gibbons also refused police demands to stop the golf cart. If officers realized the true situation, their response would have been “wholly and completely different,” said Sgt. Brian Reynolds.
“We’re not out just siccing dogs on people just because they’re drunk,” he said. “Absolutely not.”
Some of the most serious injuries happen when handlers struggle to make dogs let go.
In Sonoma County, California, sheriff’s deputies responded to a caller who claimed a man had a gun. They used a Taser on Jason Anglero-Wyrick, a 35-year-old Black man. After he was on the ground, video shows, they set a dog on him—and had a hard time getting it to stop attacking. Anglero-Wyrick ended up with a fist-sized hole in his calf, his lawyer said, and spent weeks in the hospital. He did not have a weapon.
Anglero-Wyrick’s family put a video of the incident on YouTube, his lawyer said, because they wanted the public to see what happened.
In Sonoma County, California, sheriff’s deputies set a dog on Jason Anglero-Wyrick, a 35-year-old Black man. Sonoma County Sheriff’s Office
“If that video hadn’t been posted, nobody would know about Jason’s case,” said his lawyer, Izaak Schwaiger.
A Sonoma County sheriff’s spokeswoman said the case is still under internal investigation and referred a reporter to a video of the incident posted to the agency’s Facebook page.
Even when they have suffered terrible injuries, people bitten by police dogs can find it very hard to collect damages. Take Deborah Hooper, a White woman who used to work as an accountant. According to court records, on May 9, 2006, a security guard at a drugstore in the San Diego suburbs caught her stealing a nail file and a couple of lipsticks. A sheriff’s deputy issued her a citation for petty theft, then took her to the parking lot and searched her car.
The deputy said he found a drug scale and what looked like methamphetamine, and tried to arrest her. As they struggled, the deputy pushed a special button on his belt, releasing his German Shepherd, court records show. The dog latched onto Hooper’s head, ripping off large chunks of her scalp and biting down to her skull.
Fourteen years later, Hooper is still undergoing surgeries. Doctors grafted skin from her thigh onto her head. They filled water balloons and stuck them under her remaining scalp to stretch the skin. She said she became a hermit and has been diagnosed with post traumatic stress disorder.
She is also still in court, reliving the incident over and over again. She had to battle to get the right to sue for excessive use of force in federal court because she had pleaded guilty to resisting arrest; an appeals court eventually ruled in her favor. Her second trip to federal court ended with a hung jury.
This spring, she was back in court again, in a third trial that also ended in a hung jury. “The dog was just ripping my head back and forth,” she told jurors in San Diego. “There was blood everywhere.”
The Sheriff’s Office and the deputy said she lunged for his gun, which she denied. At the most recent trial in March, Melissa Holmes, the lawyer who represents the agency, said the officer “did what he had to do to protect himself and to protect the public.”
A spokesman for San Diego County did not respond to a request for comment.
A fourth trial was scheduled for this month but has been postponed.
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One hurdle for people seeking redress is qualified immunity, which in most cases shields government employees, including police, from liability when they are doing their jobs. In its last term, the U.S. Supreme Court declined to take up a legal challenge to the doctrine in a lawsuit over a police dog bite. A Tennessee man, Alexander Baxter, had sued alleging that local police used a dog after he had surrendered with his hands in the air.
Outside of the courtroom, some communities are pushing for change.
Elected officials in Spokane have proposed making it harder for the police to use dogs after bodycam footage from last year showed an officer shoving a dog through a truck window and watching it chew on a man inside as he screamed. Police leaders concluded the officer acted within department policy.
“It seemed like the officers essentially used the dog to punish him,” said Breean Beggs, a civil rights lawyer and president of the Spokane City Council. “If that's policy, then there is something wrong with the policy."
The department did not respond to requests for comment.
Officers with a police dog approached protesters after they marched onto the I-680 freeway during a Black Lives Matter demonstration in Walnut Creek, California, on June 1. Jose Carlos Fajardo/Bay Area News Group
Police officers arrested a group of protesters that failed to disperse. Jose Carlos Fajardo/Bay Area News Group
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Joseph Malott was arrested during the protest after being attacked by a police dog. Jose Carlos Fajardo/Bay Area News Group
Malott was assisted up after being handcuffed. Jose Carlos Fajardo/Bay Area News Group
A police dog bit and scratched Malott, leaving lasting scars on his back. Jose Carlos Fajardo/Bay Area News Group
An apparent dog bite can be seen on Malott’s left leg after he was placed on a stretcher. Jose Carlos Fajardo/Bay Area News Group
In Salt Lake City, officials suspended the canine unit after a video showed police releasing a dog on a Black man, even though he was on his knees, hands in the air. In a rare move, prosecutors filed criminal charges of second-degree aggravated assault against the dog handler.
On Sept. 25, the city said that a review found a “pattern of abuse of power” when police used dogs, and moved to examine earlier incidents.
The Salt Lake City Police Department said in a statement that it is taking the criminal charges and a report by the Civilian Review Board into account as it works on its internal investigation.
Change is also underway in Walnut Creek, California, after officers released a dog on a demonstrator at a recent Black Lives Matter protest.
When marchers snarled highway traffic, a SWAT team released canisters of tear gas. Joseph Malott, a Black architecture student who joined the June 1 protest in his hometown, said he picked up one canister and tossed it away—in the direction of the cops.
Joseph Malott, a 22-year-old architecture student, was attacked and bitten by a police dog in Walnut Creek, California, during a Black Lives Matter demonstration on June 1. Photos of his back and legs a few hours after the incident. Top: Marissa Leshnov for The Marshall Project; bottom: Courtesy of J&J Law
Then he was face-down on the pavement. A police dog’s teeth sliced through his T-shirt and sank into his back, tearing his flesh and poking holes through his skin. He felt chewing on his leg and hand.
“It felt like I was being eaten,” Malott said recently. “They literally had to pull the dog off me.”
Public outcry about police actions at the protest prompted city leaders to promise that law enforcement wouldn’t use dogs at future demonstrations.
Charges against Malott were dropped, and he no longer needs crutches or a cane. But he still has physical and mental scars, he said. “It’s stuff that will be with me for the rest of my life.”
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Florida Man Arrested After Plowing Into Republican Voter Registration Booth And Then Videotaping This Own Destruction
This weekend in Jacksonville, police arrested 27-year-old Gregory Timm, who drove into a Republican voting registration tent, destroyed it, and then jumped out to celebrate his attack. This is just the latest in a long line of attacks and violent speech directed against conservatives on and off campuses. This incident follows a student screaming at young Republicans on campus at Arizona State that they should all have their throats slit.
One of the common complaints from conservatives is the media spends considerable time exploring President Donald Trump’s rhetoric and how it fuels violence and hate speech. I have repeated criticized Trump for his rhetoric, but I also see dangerous rhetoric coming from his critics. That is not covered as much and certainly not treated as a pattern is violence against conservatives and Republicans or motivated by the politics from the left. There is virtually no coverage of how rhetoric from Democratic politicians may be fuel such attacks with claims of tyranny and treason.
In the latest attack, a white male in his 20s drove his van into a Republican voter registration tent in a shopping center parking lot – narrowly missing six volunteers. Undeterred, he then got out of the van, videoed the destruction, and flashed the middle finger at the volunteers before speeding off.
Photos posted by the Republican Party of Duval County showed van and the destruction:  
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Duval County GOP
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@DuvalGOP
Today in Jacksonville, Florida six Trump Campaign volunteers were intentionally targeted while registering voters.
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There is an interesting legal twist. The police initially announced that they were looking at charges not only for aggravated assault, but “interruption of the political process.” That was a new criminal offense for me and I tried to look it up but found nothing by that name. Perhaps our Florida lawyers can assist us. I did find a crime specifically linked to registration efforts:
104.012 Consideration for registration; interference with registration; soliciting registrations for compensation; alteration of registration application.—
. . .
(2) A person who by bribery, menace, threat, or other corruption, directly or indirectly, influences, deceives, or deters or attempts to influence, deceive, or deter any person in the free exercise of that person’s right to register to vote at any time, upon the first conviction, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and, upon any subsequent conviction, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
For now the charges appear to be aggravated assault, criminal mischief, and driving with a suspended license. Given his own videotape and the witnesses, the ability to plead down such charges may be limited, particularly with President Trump and U.S. Senators now highlighting the incident.
In the meantime, the age of rage was disturbingly evident in a recent incident at the Arizona State University. The video was virtually exclusively shown on conservative media sites:
youtube
It is common by some on the left to refer to conservatives as “fascists” to justify violent acts or speech. Such labels also support a growing movement against free speech, particularly on campuses.  I have previously discussed how Antifa and other college protesters are increasingly denouncing free speech and the foundations for liberal democracies. Some protesters reject classic liberalism and the belief in free speech as part of the oppression on campus.  The movement threatens both academic freedom and free speech — a threat that is growing due to the failure of administrators and faculty to remain true to core academic principles.  Dartmouth Professor Mark Bray, the author of a book entitled “Antifa: The Anti-Fascist Handbook” is one of the chief enablers of these protesters. Bray speaks positively of the effort to supplant traditional views of free speech: “At the heart of the anti-fascist outlook is a rejection of the classical liberal phrase that says I disapprove of what you say but I will defend to the death your right to say it.” He defines anti-fascists as “illiberal” who reject the notion that far right views deserve to “coexist” with opposing views.
The question is whether such a video calling on all “fascists” to have their throats slit by a Trump supporters would have received as little attention. Obviously, this just another unhinged person among many on both sides. However, such videos do not support the narrative that the MAGA movement is fueling violence in society. The fact is that there is irresponsible rhetoric coming from both sides and plenty of disturbed people, like this student, who spew violent speech at those with whom they disagree.
Florida Man Arrested After Plowing Into Republican Voter Registration Booth And Then Videotaping This Own Destruction published first on https://immigrationlawyerto.tumblr.com/
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Petty Theft vs. Grand Theft: Important Things To Know
Theft is a pretty general term for someone stealing property, but in Jacksonville, Florida, "borrowing" without permission from your friends is also considered a crime. According to the Florida Statute Section 812.014, theft is to obtain, use, or endeavor to do either, temporarily or permanently, the property of another. There are two different types: petty theft and grand theft.
What Is Grand Theft?
Grand theft is greater of the two crimes. According to the law, grand theft can be the stealing of any of the following:
Property worth $100 or more
Interstate cargo
Usage of an automobile and damage of others' property in the act
$1,000 or more worth of damages while in action
Emergency medical equipment or law enforcement equipment from a licensed facility or vehicle worth $300 or more
Another's will, codicil or other testamentary instruments  
Firearms
Motor vehicles
Commercially farmed animals
Fire extinguishers
2,000 or more individual pieces of citrus fruits
Signs on construction site
Stop Signs
Anhydrous  ammonia, and
Regulated substances.
What Is Petty Theft?
Florida laws call petty theft, petit theft, which is all theft that is not listed above. If a person steals property valued between $99 to $750 that is not inside a home, it is also considered petit theft.
What Are the Penalties
Grand theft is a felony of either the first, second, or third degree. The sentence will depend on the value of property or cargo, and the events at the time of the theft, i.e., the county declared a state of emergency. The punishment will now be a higher degree of felony. Petit thefts, on the other hand, will be slapped with a misdemeanor for first or second degrees. It depends if the value is $100 or higher, or if the defendant is a repeat offender.
Imprisonment for felonies depends on the degree. A third-degree felony can have up to a maximum of 5 years. A felony of the first degree can have a maximum of 30 years. Misdemeanors only require a maximum of one year or 60 days for first and second degrees, respectively. Fines can also range from $500-$10,000 for misdemeanors or felonies. A criminal defense lawyer in Jacksonville, FL can argue for a more fair sentence and bail charge.
What If I’m Innocent?
It is your right to be represented in your defense when you are a suspect of these criminal activities. Find a skilled criminal defense lawyer in Jacksonville, FL. It is their job to make sure you get a fair trial. Robert Corse, Attorney At Law has been practicing law in the Jacksonville area for over 30 years as a litigator primarily in the areas of criminal defense, and personal injury.
Also, just in case you are looking for an employment lawyer in Jackson Florida then please follow this link: https://sackslegal.com/
The Law Office Of David B. Sacks 4494 Southside Blvd #101 Jacksonville, FL 32216 +1 (904) 758-8160
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House Arrest In Florida
Have you ever thought about how a house arrest works? Before you consult with a criminal defense lawyer, Jacksonville, FL, here are essential details you should check out.
The Definition Of A House Arrest
A house arrest, also known as the Community Control Supervision Program, is used as an alternative against imprisoning for qualified law offenders. In Florida, a house arrest is not a way to be kinder or easier on offenders, but it allows them a punishment that gives them a rehabilitation option while still being with their loved ones.
Who Is Eligible For A House Arrest?
Most of the people who are eligible for a house arrest in Florida State are offenders who have a stable employment history. The usual people who are approved for house arrest are non-violent offenders, first-time offenders, and juvenile offenders whose crimes are at a level where probation is too lenient while imprisonment too harsh.
According to the Florida Commission on Offender Review, house arrest can only be given to people who fit the following three groups:
Parole violators who were charged with misdemeanors and technical violations.
Probation violators who were charged with misdemeanors and technical violations.
People guilty of felonies, who made serious offenses and with past criminal charges.
If you are someone in a similar case, you should call for a criminal defense lawyer Jacksonville Florida to advocate on your behalf.
What Rules Should Be Observed By People On House Arrest?
The house arrest can be seen as something simple, it also comes with specific rules and regulations. These include the following:
Reporting to the assigned officer
Filling out a weekly schedule
Filling out a daily log that accounts for all of your activities
Undergo drug tests
Request permission to leave the house for whatever reason
The only events that a person on house arrest can do are going to work, going to school, community service, going to worship services, and staying only within the house and the yard.
Conclusion
Whether you are someone seeking for house arrest or someone who wants to contest a decision for a house arrest, your best bet is to discuss the facts of your case with the best criminal defense attorney Jacksonville FL to help you plan out your next move.
Also, just in case you are looking for an employment lawyer in Jackson Florida, please contact:
The Law Office Of David B. Sacks 4494 Southside Blvd #101 Jacksonville, FL 32216 +1 (904) 758-8160
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What will happen after you are pulled over for driving under the influence?
Law of Florida imposes severe charges on a person found driving under the influence of any alcoholic substance. DUI laws not only covers alcohol but also other sedating substances.
A person physically in control of a vehicle in Florida can be charged with driving under the influence if they are under the effect of:
·        An alcoholic beverage
·        Any substance controlled when affected to the point that normal faculties are impaired (under F.S.893)
·        A chemical substance to the point that normal faculties are impaired (under F.S. 877.111)
A person can also be taken under custody for DUI if the body alcohol concentration (BAC) is above 0.8 or above.
If you get behind the wheels after consuming alcohol the chances are that you’ll be stopped by a cop followed by a field sobriety test. If you are intoxicated by a sedating substance then it is advisable by DUI lawyers Jacksonville, FL to book a cab to home.
You may have to face severe consequences if you drive after being sedated.
DUI stop:
A cop in Florida will stop you if he suspects you to be in the influence of an alcoholic substance. Once, they stop you, they may ask you to step out of your vehicle in order to asses your condition. After asking some question they may take a field sobriety test to check your coordination.
The police officers can also take a chemical test of your urine, blood, or breathe in order to determine your BAC. You can also be asked to take additional tests in order to check your coordination. You can refuse to take some of these tests but may have to face consequences like:
·        Driving license suspension for one year (in case of first offense).
·        18 months license suspension along with additional consequence related to the misdemeanor (in case of multiple offenses).
DUI arrest and penalties:
If the DUI police officer is convinced that you are under the influence of a sedating substance then he has full rights to arrest you. Based on the number of offense, you may face different penalties along with court costs:
·        First offense: Fines from $500 to $1000, and max six month jail time.
·        Second offense: Fines from $1000 to $2000, and max nine-month jail time.
·        Third offense: Fines from $2000 to $5000, and max jail time for 1 year or misdemeanor and five years for a felony.
What can you do?
If you are charged under DUI, then the first thing you should do is to protect yourself from legal processes. You can consult an expert DUI attorney Jacksonville to defend your case in the court.
DUI lawyers Jacksonville, FL will help you to reduce your charges and protect you from severe consequences of DUI case.
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Graham v. Florida
Calvin Wirfel, Dickinson College Class of 2021
February 9, 2019
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Terrance Graham was born January 9, 1987. Graham was born into the middle of the crack cocaine epidemic,and both of his parents were addicts at various points throughout his youth. As is common for those in his situation, Graham’s outlet to get away from his home life was drugs and criminal activity. By the time Graham was 13 he was frequently drinking alcohol and smoking marijuana. A combination of drug use, a lack of family structure and unsavory acquaintances culminated in Graham and his friends attempting to rob a barbeque restaurant in Jacksonville, Florida. After having a friend leave the back door open, Graham and his accomplice entered the restaurant just after close but were shocked to find the manager still inside. In a panic, Graham’s accomplice beat the manager over the head with a metal bar leaving him with lacerations on the back of the head. Graham plead guilty to armed burglary with assault and battery and attempted armed robbery, both felony offenses and together carrying the possibility of life without parole. Graham took a plea deal to avoid jail time, but violated his parole leading to a life sentence without parole.
Graham’s lawyers challenged the state's right to enforce a life without parole sentence on a juvenile offender. As in Roper, the court's interpretation of the 8th amendment was pivotal to the outcome. Justice Kennedy gave the opinion of the court; that it is unconstitutional to sentence juvenile offenders to life without parole for non-homicidal crimes. The ruling was on narrow grounds in this case, much more so than in Roper, but the reasoning of the court is similar.
Kennedy begins his argument by exploring what is meant by “cruel and unusual” in the 8th amendment. Kennedy cites the controlling opinion from Harmelin v. Michigan, that the 8th amendment “forbids only extreme sentences that are ‘grossly disproportionate’ to the crime.”. The opinion also ruled that there is only a “Narrow proportionality principle”, meaning that the courts maintain a large level of discretion throughout the sentencing process. While this may appear to weaken Kennedy’s argument, Harmelin also stated that in cases where a grossly unproportional punishment is suspected, “the court should then compare the defendant’s sentence with the sentences received by other offenders in the same jurisdiction and with the sentences imposed for the same crime in other jurisdictions.” It is this precedent which Kennedy uses to make a similar argument to which he made in Roper, that national consensus is a valid justification agianst a certain form of punishment.
Kennedy cites that while only six states explicitly banned life without parole sentences for juveniles, another seven barred them in nonhomicidal cases such as Mr. Graham’s. Kennedy acknowledges that while legislation on such divisive topics shows the feelings of the country, the picture is incomplete as “Actual sentencing practices are an important part of the Court’s inquiry into consensus.”Graham. He cites a study which showed only 109 total juvenile offenders serving sentences of life without parole for nonhomicide offenses. He also points out that a majority of these offenders were sentenced in Florida, making the nationwide prevalence of the practice even more rare.  
In the second part of his argument, Kennedy returns to Roper. It was in Roper that it was established that juveniles have less culpability than adults and are thus less deserving of harsh sentences. He points out that no contemporary psychological literature was published between Roper and Graham that would cause this opinion to change. Kennedy relates the lessened culpability of juveniles to the lessened status of non-homicidal crimes, stating “It follows that, when compared to an adult murderer, a juvenile offender who did not kill or intend to kill has a twice diminished moral culpability.”Graham This twice diminished culpability formed the crux of Kennedy’s argument, as life without parole is “the second most severe penalty permitted by law.” Grahamand is thus not deserved by one with such lessened culpability. Kennedy continues stating that the prospect of life without parole “deprives the convict of the most basic liberties without giving hope of restoration, except perhaps by executive clemency—the remote possibility of which does not mitigate the harshness of the sentence.”Graham
Kennedy begins his third portion of the argument by considering the penological justifications for life without the possibility of parole. Kennedy argues that there are three penological justifications for punishment: retribution, deterrence and incapacitation. Kennedy points out that juvenile offenders lack the culpability of an adult as established in Roper, and therefore“[w]hether viewed as an attempt to express the community’s moral outrage or as an attempt to right the balance for the wrong to the victim, the case for retribution is not as strong with a minor as with an adult.” Graham Kennedy dismisses the justification of life without parole for non-homicidal offenders saying “The considerations underlying that holding support as well the conclusion that retribution does not justify imposing the second most severe penalty on the less culpable juvenile nonhomicide offender.”Graham
As for the second penological justification deterrence, Kennedy argues that the deterrent effect of harsh penalties does not affect juveniles in the same way as adults. Kennedy again cites Roper, that “the same characteristics that render juveniles less culpable than adults suggest … that juveniles will be less susceptible to deterrence.” GrahamKennedy connects this lack of effective deterrence to his earlier claim that juveniles lack the moral culpability of an adult saying “Here, in light of juvenile nonhomicide offenders’ diminished moral responsibility, any limited deterrent effect provided by life without parole is not enough to justify the sentence.”Graham
As for incapacitation, Kennedy acknowledges that Graham poses a risk of recidivism and that time in confinement is justified, just not a life without parole sentence. Kennedy states that “To justify life without parole on the assumption that the juvenile offender forever will be a danger to society requires the sentencer to make a judgment that the juvenile is incorrigible.” GrahamHe refers back to psychological studies showing juveniles underdeveloped sense of responsibility and character and argues that in light of this there is little to no evidence that a juvenile offender lacks the possibility of maturing and effectively rejoining society. He also cites Workman v. Commonwealth, that “incorrigibility is inconsistent with youth.” as a final piece of evidence that youth need not be confined for life.
Graham v. Florida affected the sentences of over 100 inmates across the country and prevented countless other juvenile offenders from ever receiving life without parole. It is widely seen as a step in the direction of ethical progress for the courts and better conforms to worldwide standards of ethical sentencing for juveniles. While all may not agree on the outcome of Graham, its impact on the criminal justice system is undeniable and further worked towards enhanced legal protections for juveniles.
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[1] https://www.law.cornell.edu/supct/html/08-7412.ZO.html
[2] https://jlc.org/cases/graham-v-florida-sullivan-v-florida
[3] https://www.oyez.org/cases/2009/08-7412
[4] https://eji.org/graham-v-florida
[5] http://www.cnn.com/2010/CRIME/05/19/terrance.graham.teen.lifer/index.html
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