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 ...