A death can start with a sneeze. A small cut, then an infection, then sepsis, then death.
Senate Bill 23-00233B-23 will restrict the ability of the defense to take depositions in domestic violence cases (because as we all know, disgruntled spouses do not make false accusations of domestic violence to use as leverage in divorce proceedings) and in sexual battery cases, because as we all know, complaining witnesses in sexual assault cases can always identify their assailant- exoneration by DNA is virtually unheard of in these cases, and again, disgruntled girlfriends/boyfriends never ever ever have a motive to make up an allegation of sexual assault.
Just ask the members of the 2006 Duke Lacrosse team if so-called victims ever make up sexual assault accusations, and whether prosecutors are complicit in such skullduggery,
So the Florida senate, knowing that in these cases that if there's smoke- there's fire, and that wrong accusations are never made, has now introduced a law to restrict depositions of such complainants in CRIMINAL CASES and NOT IN CIVIL CASES, because as we all know, a person will never make a wrong accusation of sexual assault in criminal cases, but those devious victims make up #metoo allegations all day long to cheat poor, honest, struggling insurance companies.
What this means, is that there is a new wave of anti-defendant and anti-defense bills washing up on the beaches of Florida, and the courthouses that line our shores. Death penalty cases will no longer have to be proven beyond a reasonable doubt. Defense lawyers will face disbarment "for trying to defend murderers" (see e,g. State v. Nicholas Cruz), and depositions are a needless waste of time because if he/she said it, and the police believe it, then the defendant did it, and let's move on to execution, because as we all know....(all together now) the VICTIM WANTS THE MAX!
Goodbye depos. It wasn't really fun while it lasted, but every now and then a good depo helped us a bit.
Sometimes depos are fun. Regardless this won't become law so don't get too worked up.
ReplyDeleteFrom a defense point of view, I disagree. Depositions in domestic cases serve two purposes: they weed out the BS cases because so called victims never show up or when they do, they recant, and the case goes away. Without that buffer, these cases will be scheduled for trial in front of prosecutors who are totally.unprepared and overwhelmed. Disgruntled spouses will have long ago gotten on with their lives and reunied with that "animal" who tried to kill them and not show up or if they do show up, they will come across as the liars they are. The more serious cases will get the attention they deserve but the end result willl be to clutter up trial calendars with "he said/she said"stuff that could have been weeded out after a deposition.
ReplyDeleteElections have consequences
ReplyDeleteFunny. Only murder and mortgage foreclosures have no statute of limitations in Florida. Apparently, there’s a real threat of disbarment for defending either.
ReplyDeleteDepositions are how you get to the truth. Took a deposition today and exposed forgery, perjury, tax evasion all in one foreclosure.
The Bank’ own witness said he was a reasonable and honest man and he condemned the fraud on the court. He agreed a court should impose billions in sanctions to divert profit streams to affordable housing than ignore blatant violations of the $25 billion National Mortgage Settlement.
The Bank’s own witness said he would condemn the Bar for prosecuting the attorney reporting the fraud and not the attorney coaching witnesses to commit perjury and orchestrating the fraud.
Will post the video soon. How is this ok?
"Regardless this won't become law so don't get too worked up."
ReplyDeleteCurtailing defendants' rights is always popular. Especially after the Parkland shooting trial. We have a Republican supermajority passing regressive laws in overdrive. So this bill passing is more than a remote possibility.
Hurts court reporters the most of all. And process servers.
ReplyDelete