What Were Florida's Legislators, Prosecutors and Judges Thinking?

The issue is one that is shocking to see even come up in this day and age: Florida's drug law was amended in 2002 to eliminate mens rea, the legal requirement that a defendant intended to commit the crime. For example, if you didn't know there were in drugs in a package -- e.g. someone else put them there and didn't tell you -- you can still be convicted for drug trafficking:
In his instructions to the jury in Shelton's case, the trial judge told jurors that "to prove the crime of delivery of cocaine, the state must prove the following two elements beyond a reasonable doubt: that Mackle Vincent Shelton delivered a certain substance; and, that the substance was cocaine." The state did not have to prove that he knew he was carrying or distributing cocaine or any controlled substance at all.
I agree with Shelton's attorney, James Felman, who called the law "legally, beyond the pale." [St. Petersburg Times] No other state in the nation has tried this. So the question is, what the hell were Florida's legislators, prosecutors and judges thinking -- legislators for passing this, prosecutors for making use of it, judges for cooperating with it? And why did it take nine years to stop it? I think all these groups of people, or the ones involved, have some very, very serious explaining to do -- I struggle to think of a more improper course the law or our justice system could take.
By the way, in case there are any Speakeasy readers who don't know about our newsletter, Drug War Chronicle, please check it out -- it's here or on our home page here or by RSS feed here. Phil Smith produces a prodigious quantity of news writing for it each week and on most days.
Why?
Because this is Florida is the short answer. This is the State that Makes people in need of public assistance first pay for their own urine test. This is the State that is 100% about the control of its residents, keeping them poor and under the thumb of those that have the power and the money.
You would think that with an older population this State would have Medical MJ?
You would think that with an older population this State would have not elected Rick Scott?
Welcome to Florida, one of the most backward moving States in the Union!
I heard there was recently a
I heard there was recently a mayor in florida who was an old lady where they planted marijuana in her backyard. She simply said "the mariuana is not mine". No one ever thought to prosecute her. Maybe that's where this comes from. I'll see if I can find the story.
Here it is; this is why they did it
http://www.dailymail.co.uk/news/article-2019442/An-84-year-old-Florida-mayor-claims-marijuana-backyard-planted-nemesis.html
Mayor
This story happened in Oak Hill Florida just south of Daytona where I am. The story made the local news and the funny thing is that the Mayor 84 years young suspects the Chief of Police and or the Police Department put the plants in her yard. I wonder why the Mayor would think such a thing?
Reason Why
These laws are put in place to provide customers (arrestees, inmates) for the law enforcement & the prison for profit racket that oppresses "we the people"!
Treble Bass... Mayor Wins
Well it looks like the Mayor wins... The Oak Hill Police Department has been disolved..
http://www.news-journalonline.com/news/local/east-volusia/2011/08/02/oak-hill-fires-police-dept-city-clerk.html
wow. if it had been average
wow. if it had been average joe, especially if it had been average black joe, the guy might have spent years in prison. in the case of an old lady mayor she is considered to be harrassed and she ends up dissolving the police department, and then a few days later the whole state changes the law so no one can keep saying, "hey, you know.... even if you didn't know the plants were there.. you're supposed to be in jail right now...". I honestly think it's likely this is not a coincidence. Goes to show what drug laws are really aimed at accomplishing.
they were thinking they've gotten away with so much other shit
they could get away with this too.
It Ain't Fair
The police should have investigated the mayor regardless of who she is not only because people are looking but because it is the legal, right thing to do. The laws are made without exceptions or is there?
Florida Law Enforcement and Justice System
Drug war supporters need to read + think about what you've said
and sicntired's many related rants, and the many other first hand testimonies of rough 'justice' courtesy of the war on users of selected drugs.
I hear that
I was a mid level heroin trafficker for almost 40 years here in Vancouver,Canada.I spent 12 of those years in prison and the one thing I discovered,to my disgust,is that the police wouldn't solve a single crime without rats.Every time I was arrested it was because some addict,with no criminal record(surprise,surprise)dimed me out to save them a night in jail.How many serial murderers are in the witness protection program because they informed on everyone they ever met?I spent every cent I ever made on drugs and lawyers and at 62 am still addicted to opiates.There are no winners in the drug war.The kind of person who does the crime and shunts the time on to someone else are the lowest of the low.The so called "law enforcement" officials who make these deals are as guilty as the sleaze balls they work.As for convicting people on conspiracy charges.This is just a way to send someone to prison for guilt by association.Like RICCO is just a way to send Italians to jail for associating with childhood friends.
Biblical perspective
Jesus said to do unto others as we would have them to do unto us. None of us would want our child thrown in jail with the sexual predators over marijuana. None of us would want to see an older family member’s home confiscated and sold by the police for growing a couple of marijuana plants for their aches and pains. It’s time to stop putting our own family members in jail over marijuana.
If ordinary Americans could grow a little marijuana in their own back yards, it would be about as valuable as home-grown tomatoes. Let's put the criminals out of business and get them out of our neighborhoods. Let's let ordinary Americans grow a little marijuana in their own back yards.
Biblical perspective
Jesus said to do unto others as we would have them to do unto us. None of us would want our child thrown in jail with the sexual predators over marijuana. None of us would want to see an older family member’s home confiscated and sold by the police for growing a couple of marijuana plants for their aches and pains. It’s time to stop putting our own family members in jail over marijuana.
If ordinary Americans could grow a little marijuana in their own back yards, it would be about as valuable as home-grown tomatoes. Let's put the criminals out of business and get them out of our neighborhoods. Let's let ordinary Americans grow a little marijuana in their own back yards.
Here's one way that IT IS REALLY WORKING: Arresting the criminals and collecting a fee from registered growers (and bringing in thousands of dollars to support the county budget); what a great plan! This is the way to build a better America! http://www.pbs.org/wgbh/pages/frontline/2011/07/the-pot-republic-one-sheriffs-quietly-radical-experiment.html
The current proposal before Congress, bill HR 2306, will allow states to decide how they will regulate marijuana. You can email your Congressperson and Senators at http://www.usa.gov/Contact/Elected.shtml to discuss HR 2306.
And a big THANK YOU to the courageous, freedom loving legislators, governors, and countless others who are working so hard to bring this through! You’re doing a great patriotic service for all of America!
Post new comment