In a sharply worded dissent in the case of State v. Luke Jarrod Adkins, Florida Supreme Court Justice James E.C. Perry criticizes the majority of the Court and refers to their opinion as being built on a foundation of flawed “common sense” which shatters bedrock constitutional principles.
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The Florida Supreme Court has ruled, in an opinion dated July 12, 2012, that Florida drug laws are constitutional, rejecting arguments that the drug statute’s failure to require proof of knowing possession violates due process of law. In the case of State of Florida v Luke Jarrod Adkins, a five justice majority concluded that, “Given the broad authority of the legislative branch to define elements of crimes, the requirements of due process ordinarily do not preclude the creation of offenses which lack a guilty knowledge element.”
The Alachua County Drug Court program is a supervision and treatment program serving nonviolent felony offenders whose criminal allegations are related to drug or alcohol addiction. Alachua County’s Drug Court Program has been operating since 1993 and was one of the first fully functional programs in the State of Florida. It’s offices are located at 249 W. University Ave. (Rear Entrance) Gainesville, Florida.
On this day, November 7, in the year 2000, California voters approved Proposition 36 which required that certain non-violent drug possession offenders be sentenced to drug rehabilitation and probation instead of jail or prison. It is also provided for a type of “drug diversion” which meant that successful completion of the program allowed the defendant to have their conviction dismissed and their case sealed.
Today U.S. District Judge Mary Scriven declared Florida’s controlled substances law unconstitutional.