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Florida’s Catch-22 for the Innocent Defendant (and Others Wishing to Protect Their Right Against Self-Incrimination)

by M. Eve Hanan, Sentencing Law and Policy 

The Supreme Court of Florida recently held that the trial judge may penalize more harshly a defendant who maintains his innocence at sentencing. Davis v. State, No. SC19-716 (December 2, 2021).

The court framed the issue as follows: “Does a ...

 

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