Tag Archives: Criminal Law

The Judge is Supposed to be an Independent Arbiter; Allowing Boundless Judicial Discretion Violates the Sixth Amendment Under Hurst v. Florida

INGA IVSAN—The role of the trial judge in the plea bargaining process is not well defined at common law. Numerous cases cite the wide discretion of a trial judge without further analysis. However, there is a difference between the role of the trial judge in an adversarial system of criminal justice compared to a trial […]

Florida’s Direct File Law: How State Attorneys Hold Too Much Power

BY KEVIN HUGUELET — If recent history is indicative of future results, then this year Florida’s prosecutors will transfer juveniles into adult court at a higher rate than any other state in the Nation. From 2008 to 2012, over 12,000 Florida children—some as young as 12 years old—were transferred into adult courts. Florida law authorizes […]