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Home · News · Florida Drug Law Ruled Unconstitutional
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Florida Drug Law Ruled Unconstitutional
A staggering number of criminal cases may be in jeopardy in Florida due to a federal judge ruling that the states drug law is unconstitutional. Orlando U.S. District Judge Mary Scriven struck down the Drug Abuse Prevention and Control law. Judge Scriven stated that, "It violates due process because it doesn't require that prosecutors prove that a person knew he or she possessed illegal drugs."In 2002, the law was amended making Florida the only state to eliminate "guilty knowledge". Scriven referred to the law as unreasonable and draconian adding that it criminalizes a person for unknowingly possessing a controlled substance. Local lawyers commented that the ruling has been expected and some even plan to dismiss some of their cases after the judge's decision. All of the lawyers expect the ruling to have a monumental impact on previous and current cases.
The ruling has the potential to have the largest effect on criminal law that the state has seen in the past decade. It could literally effect hundreds of thousands of cases. It is still unclear how prosecutors are going to deal with defense motions that are expected to be filed citing Scriven's ruling. Defense attorneys are in agreement with the judgment saying that the law put the burden of proof completely on the defense instead of prosecutors.
The Drug Abuse Prevention and Control law could be responsible for convicting a lot of innocent people. As the law stood a postal worker could be convicted for delivering an envelope or box of drugs. And, a person could be convicted if someone hid drugs in their car or home. One lawyer called the judges ruling "courageous," he said, "it upholds the most fundamental parts of the constitution."
01.08.2011. 11:26