Legal Question in Constitutional Law in Florida

Constitution Violations of Florida Laws

Since when does the legislative branch of our government have the constitutional right to impose restrictions or indeed limitations on the judicial branch?

I heard a Pinellas County Florida judge respond to a defendant just prior to sentencing that the day would soon arrive when those found guilty or pleaded guilty, would simply push a button on a machine to receive their proper sentence.

My question: are the minimum mandatory sentences imposed by state laws unconstitutional? If so, where are our lawyers with the guts and experience to challenge such laws as unconstitutional. Do I not have a point here?


Asked on 7/27/08, 12:49 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Constitution Violations of Florida Laws

minimum mandatory laws and guidelines have been held to be constitional in all but some very limiyed, as applied, circumstances. The judiciary believes, with some merit, that the laws that so badly restrict judicial sentencing discretion often means that some people are too hashly punished for their conduct because politicians tend to pass laws that feed into the public causes without a full understanding of how their guidelines and mandatories will affcet people..

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Answered on 7/27/08, 8:20 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Constitution Violations of Florida Laws

minimum mandatory laws and guidelines have been held to be constitional in all but some very limiyed, as applied, circumstances. The judiciary believes, with some merit, that the laws that so badly restrict judicial sentencing discretion often means that some people are too hashly punished for their conduct because politicians tend to pass laws that feed into the public causes without a full understanding of how their guidelines and mandatories will affcet people..

Read more
Answered on 7/27/08, 8:21 pm


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