The Champion

January-February 2012 , Page 10 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Florida Supreme Court Hears Argument on State’s Strict Liability Felony Drug Law (NACDL News)

By Ivan J. Dominguez

Read more NACDL News columns.

On Dec. 6, 2011, the justices of the Florida Supreme Court expressed considerable skepticism regarding whether a person can be found guilty for unknowingly possessing an illegal drug. The case is State v. Adkins, et al., Fla., No. SC11-1878, consolidated appeals by the state of Florida, certified directly to the Florida Supreme Court. In a lower court ruling, Circuit Judge Brownell had dismissed 42 drug possession charges on a finding that Florida’s felony drug law is “facially unconstitutional.”

NACDL filed a joint amicus curiae brief in this case, which was joined by the American Civil Liberties Union of Florida, the Drug Policy Alliance, the Cato Institute, the Reason Foundation, the Libertarian Law Council, and 25 law professors from across the United States. Amici argue that Florida’s strict liability felony drug law runs afoul of the Due Process Clause of the Fifth and Fourteenth Amendments to the U.S. Constitution and is inconsistent with centuries of common law.

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.
login

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.

In This Section

Advertisement Advertise with Us
ad