Crimonal law Essay Example | Topics and Well Written Essays - 1250 words

Crimonal law - Essay ensampleThis free exchange of word and expression was recognized by our fore fathers as one of our primitive rights. They recognized, all those years ago, the importance of protecting Freedom of Speech and Expression. The importance of Free Speech has non diminished, and it is not for any individual entity to limit any citizens right to express himself peacefully keep back by amending the Constitution itself. That being said let us turn to the case at hand.Upon variant the circumstances surrounding the scenario provided I decided that I would evaluate the merits of the case base on the linear perspective of that of a defense attorney. In reviewing the case provided, the fundamental question that needs to be addressed is Did the suspect in this case break any law? The prosecutions entire case is based on the defendant being arrested for being a public nuisance and causing injury, although indirectly, to Gloria Trek. The states entire case rests on the const itutionality of the public nuisance statue and whether or not it infringes on the defendants right to free speech, which I will prove it does.Title 46 of the Florida Criminal Statues 823.01 which defines Nuisances states All nuisances which tilt to annoy the community or injure the health of the citizens in general, or to corrupt the public morals, ar misdemeanors of the second degree, punishable as provided in s. 775.083, except that a violation of s. 823.10 is a felony of the third degree. (Public Nuisance, 2000, n.p.) This edict is very vague in nature and is by this very ambiguity subject to wide meter reading as to what constitutes being annoying. The phrasing of the statute in that manner allows for far too some(prenominal) discretionary power by individual law enforcement officers in deciding when and whom to arrest which brings into question the follow enforcement of the law and the discriminatory