- Page 1 and 2: The Florida Innocence Commission-Fi
- Page 3 and 4: Appendix A Commission Minutes and P
- Page 5 and 6: Members Present: Members Absent: ST
- Page 7: protocol and a revised letter to la
- Page 11 and 12: patchwork ofpolicies, will encourag
- Page 13 and 14: 3. Massachusetts: Ifa confession is
- Page 15 and 16: Dean Acosta suggested the Commissio
- Page 17 and 18: cause. Sheriff Cameron noted that t
- Page 19 and 20: purpose of impeachment ifthe defend
- Page 22 and 23: State Legislation Making Non-Record
- Page 24 and 25: State Legislation Making Non-Record
- Page 26 and 27: Other States with Electronic Record
- Page 28 and 29: Rules of Evidence/Court Rule Tab 4
- Page 30 and 31: Example: Gainesville PO Recording P
- Page 32 and 33: c o • Vl Vl ::J U Vl .o
- Page 35 and 36: Members Present: Members Absent: ST
- Page 37 and 38: Chief Sireci announced that as Pres
- Page 39 and 40: study and it struck him as signific
- Page 41 and 42: until after the Commission addresse
- Page 43 and 44: Agencies can get grants for funding
- Page 45 and 46: Mr. Hill asked what sanction should
- Page 47 and 48: Judge Perry read the Policy Stateme
- Page 49 and 50: VII. Commission Discussion Judge Pe
- Page 51 and 52: any real incentive for law enforcem
- Page 53 and 54: and instruction would not apply. Mr
- Page 55: Judge Perry doubted there was anyth
- Page 60 and 61:
New Field Study Recommends Sequenti
- Page 62 and 63:
Additional Analyses of Statistics
- Page 64 and 65:
Pennsylvania Report: False Confessi
- Page 66 and 67:
Substantive vs. Procedural Rulemaki
- Page 68 and 69:
Proposed Rule of Evidence: r • I
- Page 70 and 71:
Proposed Statute: Admissibility •
- Page 72 and 73:
FACDL Model Legislation • FACDL M
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en +' C ta E ' 0 'I C > -C 0 +' e
- Page 76 and 77:
Main Reforms to Address False Jailh
- Page 78 and 79:
American Bar Association • In a 2
- Page 80 and 81:
FL Accomplice Jury Instruction •
- Page 82 and 83:
Jury Instructions • 11th Circuit:
- Page 84 and 85:
Texas • A defendant may not be co
- Page 86 and 87:
Illinois • In capital cases, the
- Page 89 and 90:
The Case for Mandatory Videotaping
- Page 91 and 92:
'l .I Why Videotape? • Presentati
- Page 93 and 94:
) Contamination • Building on out
- Page 95:
Lawrence -35 year old civil enginee
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) • Inhibit confessions. Objectio
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, ; I I : 1 I I I ! I I
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December 12,2011 I. Call to Order T
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instruction approved by the Commiss
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for somebody to be interrogated for
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did not ask staffto include the Aug
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confess to anything. He ended up re
- Page 112 and 113:
including false DNA evidence, finge
- Page 114 and 115:
have in this country. The Florida a
- Page 116 and 117:
Sheriff Cameron said he was opposed
- Page 118 and 119:
VITI. Informants and Jailhouse Snit
- Page 120 and 121:
instruction could be expanded by ad
- Page 122 and 123:
to have the Commission approve a st
- Page 124 and 125:
Professor Nunn and Mr. King discuss
- Page 126:
I
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• V) • ::l
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Spano v. New York, 360 US 315 (1959
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Lynumn v. Illinois, 372 U.S. 528 (1
- Page 137 and 138:
Denmark v. State, 116 So. 757 (1928
- Page 139 and 140:
State v. Moore, 530 So.2d 349 (1988
- Page 141 and 142:
Burch v. State, 343 So.2d 833 (1977
- Page 143:
Confessions by Juveniles • Branca
- Page 148 and 149:
.fa •
- Page 150 and 151:
Main Reforms to Address False Infor
- Page 152 and 153:
American BarAssociation • In a 20
- Page 154:
FL Accomplice Jury Instruction •
- Page 157 and 158:
Illinois • In capital cases, the
- Page 159 and 160:
Texas • A defendant may not be co
- Page 161 and 162:
Case Law • Oklahoma Criminal Cour
- Page 163 and 164:
Jury Instructions Cant. • Alaska
- Page 165 and 166:
Staff Model Instruction: Informant
- Page 168 and 169:
Topics • States have the power to
- Page 170 and 171:
State power to regulate interrogati
- Page 172 and 173:
Only Florida search and seizure law
- Page 175 and 176:
False confessions can be caused by
- Page 177 and 178:
False confessions can be caused by
- Page 179:
Nunn Motion • Interrogations shou
- Page 183 and 184:
Members Present: Members Absent: ST
- Page 185 and 186:
Mr. Fingerhut used a PowerPoint pre
- Page 187 and 188:
(The FPAA comments that it is well-
- Page 189 and 190:
always has the obligation to disclo
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e referred to the rules committee.
- Page 193 and 194:
saying no. We have a trial by jury
- Page 195 and 196:
which states: "You must consider so
- Page 197 and 198:
Dean Acosta noted that as the time
- Page 199 and 200:
have their own policies that are no
- Page 201 and 202:
determinative. Ifresources are very
- Page 203 and 204:
problem is that the science is so c
- Page 205:
Mr. Reyes said another problem is t
- Page 212 and 213:
Continued 6.Whetherthe informer rec
- Page 215 and 216:
Continued 6.Whether the informer re
- Page 217 and 218:
Continued (2) This section applies
- Page 219 and 220:
Continued 7. Whether the informant
- Page 221 and 222:
Continued (2) This section applies
- Page 223 and 224:
Continued 7. Whether the informant
- Page 226 and 227:
Issues relating to Invalidated/Impr
- Page 228 and 229:
Illinois Governor's Commission on C
- Page 230 and 231:
New York State Justice Task Force
- Page 232 and 233:
Pennsylvania Advisory Committee on
- Page 234 and 235:
Innocence Commission for Virginia
- Page 236 and 237:
American Bar Association Recom mend
- Page 238 and 239:
Nebraska: Example of Lab Accreditat
- Page 240 and 241:
Continued (3) The council shall ann
- Page 242 and 243:
The Justice Project Recommendations
- Page 244 and 245:
Court Rule 3.853 3.853. Motion for
- Page 246 and 247:
(4) a statement that identification
- Page 248 and 249:
(1) Upon receipt ofthe motion, the
- Page 250 and 251:
(7) The court-ordered DNA testing s
- Page 253:
Appendix E Commission Minutes and P
- Page 256 and 257:
March 12, 2012 I. Call to Order The
- Page 258 and 259:
twenty-four years. Commissioner Bai
- Page 260 and 261:
ASCLDILAB requires FDLE to have a d
- Page 262 and 263:
parties. As long as people are invo
- Page 264 and 265:
the court, it is time stamped, so n
- Page 266 and 267:
Sheriff Cameron noted that the crim
- Page 268 and 269:
Mr. Madden said that he has been in
- Page 270 and 271:
matches. The increase in the number
- Page 272 and 273:
not anticipate analyzing mitochondr
- Page 274 and 275:
analyst. The problem with establish
- Page 276 and 277:
entrance exams. He commented that a
- Page 278 and 279:
establish a program for crime scene
- Page 280 and 281:
The Commission's second recommendat
- Page 284 and 285:
FDLE Forensic Science Manuals • F
- Page 287 and 288:
... cu c .r:. '" +' .- 0 '" '. 0 .-
- Page 289 and 290:
California Commission on the Fair A
- Page 291 and 292:
Innocence Commission for Virginia
- Page 293 and 294:
Illinois Governor's Commission on C
- Page 295 and 296:
Illinois (Cant.) • Capital Litiga
- Page 297 and 298:
New York (Continued) • Recommenda
- Page 299 and 300:
Pennsylvania Advisory Committee on
- Page 301 and 302:
Texas Timothy Cole Advisory Panel o
- Page 304 and 305:
Outline • The causes of false con
- Page 308 and 309:
Common Misunderstandings • The be
- Page 310 and 311:
Problems with Existing Safeguards
- Page 312 and 313:
Commissions and Task Forces Sta Nam
- Page 314 and 315:
False Confessions - Continued State
- Page 316 and 317:
State Name of Commission NY NY Stat
- Page 318 and 319:
False Confession - Continued . Stat
- Page 320 and 321:
States with Electronic Recording Le
- Page 322 and 323:
Judicial Mandate 5 States Require E
- Page 324 and 325:
• Florida • New Jersey • Idah
- Page 326 and 327:
Other State Jury Instructions • V
- Page 328 and 329:
Florida Senate Committee on Crimina
- Page 331 and 332:
Members Present: Members Absent: ST
- Page 333 and 334:
language did not task prosecutors'
- Page 335 and 336:
King's notion of actual knowledge w
- Page 337 and 338:
designed to eliminate investigation
- Page 339 and 340:
Mr. Smith said the focus should not
- Page 341 and 342:
Mr. Coxe said he wanted to get back
- Page 343 and 344:
The FPAA proposal, with input from
- Page 345 and 346:
careful. This could be an onerous s
- Page 347 and 348:
Judge Perry reminded the members th
- Page 349 and 350:
3. 220(b)(J) (M) whether the state
- Page 351 and 352:
In response to questions from Mr. C
- Page 353 and 354:
commented that the problem with the
- Page 355 and 356:
physical evidence being retained fo
- Page 357 and 358:
Judge Silvernail asked ifthere was
- Page 359 and 360:
Mr. Cameron asked ifthe Commission
- Page 361 and 362:
nocence 'mIDIS,Slon Informants and
- Page 364 and 365:
Scientific Evidence Commission Reco
- Page 366 and 367:
Issue: Increased Funding for Public
- Page 369 and 370:
Evidence Preservation in Florida
- Page 372 and 373:
Continued • L- The term of the se
- Page 374:
Options/Recommendations of Senate S
- Page 377 and 378:
California (Cant.) • Training pro
- Page 379 and 380:
Illinois (cant.) • Law should req
- Page 381 and 382:
Massachusetts: Boston Bar Associati
- Page 383 and 384:
New York (Cant.) • Recommendation
- Page 385 and 386:
Pennsylvania Advisory Committee on
- Page 387 and 388:
Texas Criminal Justice Integrity Un
- Page 389 and 390:
Innocence Commission for Virginia
- Page 391 and 392:
American Bar Association Recommenda
- Page 393 and 394:
Florida Bar Rule of Professional Co
- Page 395:
Potential Topics for the Commission
- Page 400 and 401:
Category C. (ii) Category B. All wi
- Page 402 and 403:
term "anything" includes. but is no
- Page 405 and 406:
Members Present: Members Absent: ST
- Page 407 and 408:
ChiefJustice Charles Canaday appear
- Page 409 and 410:
(8) informant witnesses, whether in
- Page 411 and 412:
has complied with its discovery obl
- Page 413 and 414:
acting on behalfofthe prosecution,
- Page 415 and 416:
training. He said The Florida Bar w
- Page 417 and 418:
Mr. Coxe commented that this is a b
- Page 419 and 420:
Ms. Daniels described a case in her
- Page 421 and 422:
Mr. Doss drew the attention ofthe m
- Page 423 and 424:
Judge Perry advised that the chiefj
- Page 425 and 426:
done, he desired to exceed the stat
- Page 427 and 428:
State attorneys provide the followi
- Page 429 and 430:
1. Criminal Allegations (2011): 1,2
- Page 431 and 432:
enefits. However, the legislature h
- Page 433 and 434:
up and say that there are mistakes.
- Page 435 and 436:
Mr. Hill commented that 60% ofrecen
- Page 437 and 438:
have the courses set by the FP AA a
- Page 439 and 440:
Mr. Stein noted that in a line ofca
- Page 441 and 442:
Dean Acosta asked ifthe public defe
- Page 443 and 444:
Silvernail noted that the center di
- Page 445 and 446:
public defender. This would be like
- Page 447 and 448:
Judge Perry said there seemed to be
- Page 449 and 450:
imbed students in those offices dur
- Page 451 and 452:
Mr. King said he was thinking with
- Page 453 and 454:
Ms. Barnett said she was uncomforta
- Page 456 and 457:
Representative McBurney said in the
- Page 458 and 459:
Rule 3.220 Amendment Recommendation
- Page 460:
Rule 3.220 (cant.) • i) the subst
- Page 463 and 464:
Committee Notes for Amendment • 2
- Page 465 and 466:
Scientific Evidence Recommendations
- Page 468 and 469:
California Commission on the Fair A
- Page 470 and 471:
Illinois Governor's Commission on C
- Page 472 and 473:
Illinois (Cant.) • Capital Litiga
- Page 474 and 475:
New York State Bar Association Task
- Page 476 and 477:
New York (Cant.) • Bar associatio
- Page 478 and 479:
Pennsylvania (Cont.) • Pennsylvan
- Page 480 and 481:
Innocence Commission for Virginia
- Page 482 and 483:
American Bar Association Recommenda
- Page 484 and 485:
Florida Bar Rule of Professional Co
- Page 486 and 487:
Florida Bar Disciplinary Cases (can
- Page 488 and 489:
2012 Enacted Legislation: 5B 1960
- Page 490:
Potential Topics for the Commission
- Page 494 and 495:
STATUTORY OBLIGATIONS • PROSECUTI
- Page 496 and 497:
State Attorney Output Measures Crim
- Page 500 and 501:
FELONY CASES • 430,484 felony cas
- Page 502 and 503:
JUVENILE CASES • 136,383 juvenile
- Page 504:
ASSISTANT STATE ATTORNEY EXPERIENCE
- Page 509 and 510:
STATE OF FLORIDA EYEWITNESS LINEUP
- Page 511 and 512:
Fruitland Park Groveland Hernando C
- Page 513 and 514:
Saint Cloud University of Central F
- Page 515 and 516:
University of South Florida 14th Ci
- Page 517:
Port Canaveral Rockledge Sanford Sa
- Page 521 and 522:
I. Policy Statement. Standards for
- Page 523 and 524:
1. The defendant has previously bee
- Page 525:
Appendix K Letter to the President
- Page 529:
1 A bill to be entitled 2 An act re
- Page 536 and 537:
36 17. Carjacking 37 38 (c) An appr
- Page 539 and 540:
3.9
- Page 541:
Appendix N Proposed Jury Instructio
- Page 544 and 545:
1l _ . I ---- e
- Page 546 and 547:
i L
- Page 548 and 549:
ALASKA 1.23 Informer Testimony: JUR
- Page 550 and 551:
Federal Circuit Courts Jailhouse In
- Page 552 and 553:
Use Note The bracketed language in
- Page 554 and 555:
l 1
- Page 558 and 559:
Page 2 Evidence Preservation for Po
- Page 560 and 561:
Page 4 Evidence Preservation for Po
- Page 562 and 563:
Page 6 Evidence Preservation for Po
- Page 564:
Page 8 Evidence Preservation for Po
- Page 567:
Appendix Q Commission Minutes and P
- Page 570 and 571:
March 12, 2012 I. Call to Order The
- Page 572 and 573:
Judge Perry commented that ifthe co
- Page 574 and 575:
misconduct. The motion was seconded
- Page 576 and 577:
Judge Silvernail opined that in the
- Page 578 and 579:
eplied by saying that in her office
- Page 580 and 581:
cost ofinjustice. This is hard to q
- Page 582 and 583:
hearing, and then convince the defe
- Page 584 and 585:
Judge Perry said we don't know how
- Page 587 and 588:
nocenee IDmlS,SIOn Funding for stat
- Page 589 and 590:
May Commission Recommendations Cont
- Page 591 and 592:
State Attorney Funding • 20 circu
- Page 593 and 594:
Conflict Counsel Funding Under 27.5
- Page 595 and 596:
2012: SB 1960 Amendments to 27.5304
- Page 597 and 598:
Weighted Caseload "Delphi"Study •
- Page 599 and 600:
Past Delphi Weighted Caseload Studi
- Page 601 and 602:
• 2009-2010 - Overall (Statewide)
- Page 603:
Average Salary 646 $ 48,001 858 $ 4
- Page 608 and 609:
"Public defenders stand alone, arme
- Page 611:
Florida Senate - 2006 CS for SB 362
- Page 615:
FLORIDA H 0 USE o F REPRESENTATIVES
- Page 618 and 619:
FLORIDA H 0 USE o F REPRESENTATIVES
- Page 621 and 622:
COMMENTS FROM NANCY DANIELS, PUBLIC
- Page 625 and 626:
done to prevent mistaken conviction
- Page 627 and 628:
COMMENTS OF COMMISSIONER PROFESSOR
- Page 629 and 630:
sequential procedure) is the most e
- Page 631:
of work to do and a long way to go
- Page 634 and 635:
Tena Pate, Chair Florida Parole Com
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is implicit in any concept ofordere