Current Search: mens rea (x)
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Title
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CONSTITUTIONALITY OF DRUG POSSESSION AS A STRICT LIABILITY CRIME: AN ANALYSIS OF FLORIDA'S DRUG STATUTE.
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Creator
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Watson III, Davis, Cronon, Chad, University of Central Florida
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Abstract / Description
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The United States has a drug issue that is perpetually problematic. Efforts are being made on every level of government to reduce drug use and deter current and potential future users. Some of these efforts however are putting citizen's rights at risk in a manner that threatens the United States Constitution that hails over both the state and federal governments. My thesis will examine Florida's avant-garde approach to simplifying drug convictions through unprecedented legislation that has...
Show moreThe United States has a drug issue that is perpetually problematic. Efforts are being made on every level of government to reduce drug use and deter current and potential future users. Some of these efforts however are putting citizen's rights at risk in a manner that threatens the United States Constitution that hails over both the state and federal governments. My thesis will examine Florida's avant-garde approach to simplifying drug convictions through unprecedented legislation that has already been ruled unconstitutional on its face by the United States District Court for the Middle District of Florida. The decade long struggle will soon culminate in the Florida Supreme Court, and if found unconstitutional, could potentially impact thousands of inmates among other legal consequences. Through literature review and case study I will discuss the history of this issue and conclude by discussing possible rulings of the Florida Supreme Court in State v. Adkins, SC11-1878 (2D11-4559, 2nd DCA). In addition, I will analyze the case timeline that led to the legislative action which is being called into question in Adkins. I hypothesize that the ruling in Adkins will declare Florida's drug statute unconstitutional; however, I further presume that the currently incarcerated defendants will continue to serve their sentences virtually unaffected by the ruling, with some extraordinary exceptions. First, I will discuss the underlying legal premises, succeeded by an analysis of all pertinent case law and literature to assess the constitutionality of Florida's drug statute to further support my hypothesis. My goal for this thesis is to give perspective to the layperson as well as contribute to the statewide legal community through my organization of the subject, and analysis of case law.
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Date Issued
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2012
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Identifier
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CFH0004255, ucf:44929
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Format
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Document (PDF)
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PURL
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http://purl.flvc.org/ucf/fd/CFH0004255
