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Florida’s Criminal Justice System 00 doerner fmt cx4 7/16/12 10:31 AM Page ii

Carolina Academic Press State-Specific Criminal Justice Series

North Carolina’s Criminal Justice System Second Edition Paul E. Knepper and Mark Jones

Georgia’s Criminal Justice System Deborah Mitchell Robinson

Florida’s Criminal Justice System William G. Doerner 00 doerner fmt cx4 7/16/12 10:31 AM Page iii

Florida’s Criminal Justice System

William G. Doerner Professor of Criminal Justice College of Criminology and Criminal Justice Florida State University

Carolina Academic Press Durham, North Carolina 00 doerner fmt cx4 7/16/12 10:31 AM Page iv

Copyright © 2012 William G. Doerner All Rights Reserved

Library of Congress Cataloging-in-Publication Data

Doerner, William G., 1949- Florida's criminal justice system / William G. Doerner. p. cm. -- (State-specific criminal justice series) Includes bibliographical references and index. ISBN 978-1-59460-924-4 (alk. paper) 1. Criminal justice, Administration of--Florida. I. Title.

HV9955.F6D64 2012 364.9759--dc23

2012001254

Carolina Academic Press 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com

Printed in the United States of America 00 doerner fmt cx4 7/16/12 10:31 AM Page v

To my best friend and buddy, my wife Judy. 00 doerner fmt cx4 7/16/12 10:31 AM Page vi 00 doerner fmt cx4 7/16/12 10:31 AM Page vii

Contents

List of Figures and Tables xiii

Series Note xvii

Chapter 1 • Florida’s Criminal Justice System 3 Introduction 3 Civic Responsibility 4 Persistent Problems with High School Education 5 Persistent Problems with College Education 7 Criminology and Criminal Justice Students 8 Criminology and Criminal Justice Mission Statements 9 An Overview of Florida’s Criminal Justice System 10 Summary 10 References 11

Chapter 2 • Florida Crime 15 Learning Objectives 15 Introduction 16 The Florida Uniform Crime Reports Program 16 A Word of Caution 17 The Crime Clock 18 The Crime Rate 19 Another Word of Caution 21 Crime Trends 22 A Further Word of Caution 22 Crime in Florida Cities 26 Even More Words of Caution 26 Summary 28 Key Terms 28 Selected Internet Sites 28 Review Questions 29 Footnotes 29 References 30

Chapter 3 • Florida Law Enforcement 31 Learning Objectives 31 Introduction 32 Becoming a Florida Law Enforcement Officer 32

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viii CONTENTS

Minimum Standards 32 Police Officer Academy Training 33 The Police Officer Certification Examination 34 The Law Enforcement Officer Selection Process 35 The Structure of the Florida Law Enforcement System 37 State Law Enforcement Agencies 37 Florida Department of Law Enforcement 39 Florida Highway Patrol 40 Local Law Enforcement Agencies 42 County Sheriff Offices 43 Municipal Police Departments 45 Special Jurisdiction Agencies 47 Accreditation 47 The National Effort 48 The Florida Effort 49 Summary 50 Key Terms 51 Selected Internet Sites 51 Review Questions 52 References 53

Chapter 4 • Florida Criminal Law 57 Learning Objectives 57 Introduction 58 Homicide 58 Lawful Homicide 59 Unlawful Homicide 60 Simple Assault 61 Simple Battery 62 Aggravated Assault 63 Aggravated Battery 64 Sexual Battery 65 Robbery 66 Larceny-Theft 67 Burglary 69 Summary 69 Key Terms 69 Selected Internet Sites 70 Review Questions 70 References 71

Chapter 5 • Florida Courts 73 Learning Objectives 73 Introduction 74 Florida Court Structure 75 Florida Supreme Court 75 District Courts of Appeal 78 Circuit Courts 79 County Courts 80 00 doerner fmt cx4 7/16/12 10:31 AM Page ix

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Court Administration 80 Florida Board of Bar Examiners 81 Florida Bar Association 81 Office of the State Courts Administrator 82 Florida Court Operations 83 Court Personnel 85 State Attorney 85 Public Defender 86 Clerk of the Court 90 Attorney General 90 Post-Arrest and Pretrial Activities 92 Booking 92 First Appearance 93 Filing Formal Charges 94 Arraignment 94 Investigation and Deposition 94 Pretrial Motions 95 Summary 95 Trial Activities 95 Type of Trial 95 Jury Selection 96 Opening Arguments 97 State’s Presentation 97 Defense’s Presentation 98 Closing Arguments 98 Jury Instructions 98 Jury Deliberations 98 Post-Trial Activities 99 Pre-Sentence Investigation 99 Sentencing Hearing 103 The Development of Florida’s Sentencing Guidelines 104 A Closer Look at Florida’s Sentencing Guidelines 106 Summary 107 Key Terms 107 Selected Internet Sites 108 Review Questions 109 References 111

Chapter 6 • Florida Corrections 115 Learning Objectives 115 Introduction 116 Becoming a Correctional Officer in Florida 116 Minimum Standards 116 Correctional Officer Academy Training 117 The Correctional Officer Certification Examination 118 The Structure of the Florida Correctional System 119 Prisons 121 Jails 123 Probation and Parole 126 00 doerner fmt cx4 7/16/12 10:31 AM Page x

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Accreditation 126 The National Effort 127 The Florida Effort 127 Private Prisons 128 Growth 129 Savings 129 Thwarted Expansion 130 Civil Rights Restoration 130 A Graying Inmate Population 131 The Expanding Group of Senior Inmates 131 Health Needs of Senior Inmates 133 Summary 134 Key Terms 134 Selected Internet Sites 135 Review Questions 135 References 136

Chapter 7 • The Florida Death Penalty 141 Learning Objectives 141 Introduction 142 Making the Death Penalty Constitutional Again 144 The Case of Furman v. Georgia (1972) 144 The Florida Reaction 145 The Case of Gregg v. Georgia (1976) 147 The Resumption of Executions 148 Problems with Electrocutions 148 Embracing Lethal Injection 150 Confronting New Problems with Lethal Injection 150 The Jennings Commission 150 Lightbourne v. McCollum (2007) 152 Baze v. Rees (2008) 152 Further Challenges in Florida 153 The Post-Conviction Process 153 Hidden Costs with the Post-Conviction Process 155 Problems with Legal Representation 155 Three Contemporary Developments 158 The Demise of Formal Legal Representation 158 Florida’s Death Penalty Statute Ruled Unconstitutional 158 A Call to Abolish Florida’s Death Penalty 159 Summary 159 Key Terms 160 Selected Internet Sites 161 Review Questions 161 References 162

Chapter 8 • Florida Juvenile Justice 167 Learning Objectives 167 Introduction 168 Is Delinquency a Concern in Florida? 168 Violent Arrest Rates 169 00 doerner fmt cx4 7/16/12 10:31 AM Page xi

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Property Arrest Rates 169 The Offense Mix 173 Summary 174 The Florida Juvenile Justice System 174 Referral 176 Intake 177 Detention Hearing 177 Delinquency Petition 178 Arraignment 178 Waiver 179 Adjudicatory Hearing 180 Disposition Hearing 181 The Florida Department of Juvenile Justice 181 Special Topics 183 Curfews 183 Teen Court 185 Waiver 186 Gangs 188 The Death Penalty 190 Thompson v. Oklahoma (1988) 190 Stanford v. Kentucky (1989) 191 Roper v. Simmons (2005) 191 The Impact on Florida 192 Summary 193 Key Terms 193 Selected Internet Sites 194 Review Questions 194 References 196

Chapter 9 • Florida Victims 201 Learning Objectives 201 Introduction 202 Victim Rights Amendment 202 Reforming the Federal Constitution 203 Reforming the State Constitutions 204 Victim Compensation 205 The Shortcomings of Offender Restitution 205 The Promise of Victim Compensation 206 Provisions 207 Operations 208 Victim Rights Legislation 208 Victim Impact Statements 211 Summary 214 Key Terms 214 Selected Internet Sites 214 Review Questions 215 References 216

Index 219 00 doerner fmt cx4 7/16/12 10:31 AM Page xii 00 doerner fmt cx4 7/16/12 10:31 AM Page xiii

List of Figures and Tables

Chapter 1 • Florida’s Criminal Justice System Figure 1.1 Key Findings Regarding Florida’s Civic Health 5 Figure 1.2 Public High School Graduation Rates, by State, 2007–08 6

Chapter 2 • Florida Crime Table 2.1 The Top Ten States with the Highest Serious Violent Crime Rates, 2001–2010 16 Table 2.2 The Top Ten States with the Highest Serious Property Crime Rates, 2001–2010 17 Figure 2.1 FBI Definitions for Violent Offenses 18 Figure 2.2 FBI Definitions for Property Offenses 19 Figure 2.3 2010 Crime Clock Comparing the United States and Florida 20 Table 2.3 2010 Serious Crime Rates for the United States and Florida 21 Figure 2.4 National and Florida Violent Crime Rates, 1990–2010 23 Figure 2.5 National and Florida Property Crime Rates, 1990–2010 24 Figure 2.6 How Reporting and Recording Practices Influence the Production of Official Crime Statistics 25 Table 2.4 2010 Serious Crime Rates for Florida’s 20 Largest Cities 26 Figure 2.7 The FBI Official Warning about the Pitfalls of Ranking 27

Chapter 3 • Florida Law Enforcement Table 3.1 Instructional Hours Devoted to Topics during Police Academy Training 34 Figure 3.1 The Law Enforcement Officer Selection Process 36 Figure 3.2 Oath of Office for Florida Public Officials 37 Table 3.2 Sworn Size, Race, and Gender of Full-Time Sworn Personnel, Florida State Law Enforcement Agencies, 2010 38 Figure 3.3 Entrance Requirements for Florida Department of Law Enforcement Agents 40 Figure 3.4 Entrance Requirements for Florida Highway Patrol Troopers 41 Table 3.3 Traffic Crash Rate Rankings for Florida’s 20 Largest Cities, 2008 and 2009 42 Table 3.4 Number of Agencies and Full-Time Sworn Personnel, Florida Sheriff Offices and Police Departments, 2010 43 Table 3.5 Sworn Size, Race, and Gender of Full-Time Sworn Personnel, Florida Sheriff Offices, 2010 44 Table 3.6 Sworn Size and Average Entry-Level Salary, Florida Sheriff Offices, 2010 45

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xiv FIGURES AND TABLES

Table 3.7 Sworn Size, Race, and Gender of Full-Time Sworn Personnel, Florida City Police Departments, 2010 46 Table 3.8 Sworn Size and Average Entry-Level Salary, Florida Municipal Police Departments, 2010 46 Table 3.9 Sworn Size, Race, Gender, and Entry-Level Salary, Florida College and University Law Enforcement Agencies, 2010 48 Figure 3.5 Entrance Requirements of Florida Police Departments and Sheriff Offices 50

Chapter 4 • Florida Criminal Law Figure 4.1 Excerpts from Standard Jury Instructions in Castle Doctrine Cases 59 Figure 4.2 Seriousness Levels of Assaults and Batteries in Florida 63 Figure 4.3 The Florida 10-20-Life Law 64 Figure 4.4 Percent of the Population by Age, United States and Florida, 2000 65 Figure 4.5 Percent of the Population Age 60+ by State, 2000 68

Chapter 5 • Florida Courts Figure 5.1 Diagram of the Florida State Court System 76 Figure 5.2 The First Page from the Florida Judge Application Form 77 Figure 5.3 Map of the Florida District Courts of Appeals 79 Figure 5.4 Map of the Florida Circuit Courts 80 Figure 5.5 Lawyer’s Oath of Admission to the Florida Bar 82 Figure 5.6 State Courts System Appropriations ($462 Billion) for Fiscal Year 2010–11 83 Figure 5.7 Cases Filed in Florida Trial Courts and District Courts of Appeals, FY 2008–09 84 Figure 5.8 Criminal Cases per 100,000 Adults, Courts of General Jurisdiction, 2008 85 Figure 5.9 Criminal Cases per 100,000 Adults, Courts of Limited Jurisdiction, 2008 86 Figure 5.10 The Public Defender’s Credo 87 Figure 5.11 Florida Application Form for Determining Criminal Indigent Status 88 Figure 5.12 An Example of a Subpoena Duces Tecum 91 Figure 5.13 Right to Pretrial Release from Detention, Florida Constitution 93 Figure 5.14 U.S. Supreme Court Upholds Florida’s Use of a Six-Person Jury in Criminal Trials 96 Figure 5.15 Oath Administered to Trial Jurors 97 Figure 5.16 Principles Underlying the Florida Sentencing Guidelines 100 Figure 5.17 The Florida Criminal Punishment Code Scoresheet for Felony Offenses 101 Figure 5.17 The Florida Criminal Punishment Code Scoresheet for Felony Offenses, continued 102 Figure 5.18 Mitigating Circumstances that Permit Departure from Sentencing Guidelines 103 Figure 5.19 Sanctions Imposed by Florida Felony Courts, FY 2009–10 104 00 doerner fmt cx4 7/16/12 10:31 AM Page xv

FIGURES AND TABLES xv

Figure 5.20 Prior Felony Record and Sanctions Imposed by Florida Courts, FY 2009–10 105

Chapter 6 • Florida Corrections Figure 6.1 Entrance Requirements for Florida Correctional Officers 117 Table 6.1 Instructional Hours Devoted to Topics during Correctional Officer Academy Training 118 Figure 6.2 Examples of Correctional Officer Duties and Responsibilities 119 Figure 6.3 Florida Correctional Officer Code of Conduct 120 Figure 6.4 Jail Functions and Services 120 Table 6.2 Number of Prisoners and Imprisonment Rates, by State, as of December 31, 2009 121 Table 6.3 Sworn Size, Race, and Gender of Full-Time Sworn Personnel, Florida Correctional Facilities, 2010 122 Table 6.4 Entry-Level Salary, State and Private Correctional Facilities, 2010 123 Table 6.5 Number of County Correctional Facilities and Full-Time Sworn Correctional Officers, 2010 123 Table 6.6 Sworn Size, Race, and Gender of Full-Time Correctional Officers, Florida Sheriff Offices, 2010 124 Table 6.7 Sworn Size and Average Entry-Level Salary of Correctional Officers, Florida Sheriff Offices, 2010 124 Table 6.8 50 Largest Local Jails in the United States by Average Daily Inmate Population, 2008–2010 125 Figure 6.5 Examples of Probation and Parole Officer Duties and Responsibilities 126 Figure 6.6 Benefits of Accreditation 128 Figure 6.7 The Florida Clemency Application 132 Figure 6.8 Florida Prison Population Composition by Age Groups, 1996–2010 133

Chapter 7 • The Florida Death Penalty Figure 7.1 Annual Executions in the United States, 1930–2010 142 Table 7.1 Death Row Population and Post- Gregg Executions by State as of January 1, 2011 143 Figure 7.2 The Eighth Amendment to the United States Constitution 144 Figure 7.3 The Prohibition against Excessive Punishments in the Florida Constitution 144 Figure 7.4 Examples of Aggravating Circumstances 147 Figure 7.5 Examples of Mitigating Circumstances 147 Figure 7.6 The Post-Conviction Process in Florida Death Penalty Cases 154 Figure 7.7 The Death Warrant Gov. Rick Scott Signed on October 10, 2011 for Inmate Oba Chandler 156 Figure 7.8 Letter from Representative Vasilinda to Governor Scott Requesting a Moratorium on the Death Penalty 160

Chapter 8 • Florida Juvenile Justice Figure 8.1 Juvenile Violent Arrest Rates for U.S. and Florida, 2000–2010 170 Figure 8.2 Florida Violent Arrest Rates for Juveniles and Adults, 2000–2010 171 00 doerner fmt cx4 7/16/12 10:31 AM Page xvi

xvi FIGURES AND TABLES

Figure 8.3 Juvenile Property Arrest Rates for U.S. and Florida, 2000–2010 172 Figure 8.4 Florida Property Arrest Rates for Juveniles and Adults, 2000–2010 172 Figure 8.4 Florida Property Arrest Rates for Juveniles and Adults, 2000–2010, continued 173 Figure 8.5 Relative Composition of Juvenile Arrests in Florida and the United States 174 Figure 8.6 Florida Juvenile Delinquency Case Flowchart 175 Figure 8.7 Common Juvenile Diversion Programs in Florida 178 Figure 8.8 A Florida Expungement Order Form 179 Figure 8.9 The 2009–10 Operating Budget for the Florida Department of Juvenile Justice 182 Table 8.1 The Florida Department of Juvenile Justice Service Categories and Number of Clients 183 Figure 8.10 The Florida Constitution Provision Allowing Juvenile Waiver to the Adult Court 186 Figure 8.11 The Ways That Florida Determines Whether Someone Is a Gang Member 189 Figure 8.12 The Florida Gang Reduction Strategy 190 Figure 8.13 Annual Number of Juvenile Murder Arrests in Florida, 2005–2010 192

Chapter 9 • Florida Victims Figure 9.1 The Florida Victim Rights Amendment 203 Figure 9.2 The Proposed Change to the U.S. Constitution Recommended by the President’s Task Force on Victims of Crime (1982) 203 Figure 9.3 The Proposed 26th Amendment to the U.S. Constitution Protecting Victim Rights 204 Figure 9.4 Legislative Intent Section of the Florida Crimes Compensation Act: An Example of the Social Contract or Social Welfare Philosophy? 207 Figure 9.5 Florida Victim Compensation Application Form 209 Figure 9.5 Florida Victim Compensation Application Form, continued 210 Figure 9.6 Text of the Announcement Judges Must Read at Criminal Proceedings or Post in the Courtroom 211 Figure 9.7 Victim Impact Statement Form Used in the Florida 10th Judicial Circuit 212 00 doerner fmt cx4 7/16/12 10:31 AM Page xvii

Series Note

Carolina Academic Press’ state-specific criminal justice series fills a gap in the field of criminal justice education. One drawback with many current introduction to criminal justice texts is that they pertain to the essentially non-existent “American” criminal justice system and ignore the local landscape. Each state has its unique legislature, executive branch, law enforcement system, court and appellate review system, state supreme court, correctional system, and juvenile justice apparatus. Since many criminal justice students embark upon careers in their home states, they are better served by being exposed to their own states’ criminal justice systems. Texts in this series are designed to be used as primary texts or as supplements to more general introductory criminal justice texts.

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