What Are the Sunshine State Laws and Should they be Amended?

[MomofBoys]

I live in Florida and have no opposition to the Sunshine law.

I think the information provided is an invaluable resource and speaks to transparency of the system. Imagine how different our insights might be if we didn't have access. This is the most informed I've ever been about a case, and with that information I've developed a new sense of confidence in LE and in that when KC is convicted and sent to prison, we'll never have to doubt her guilt. It's a window to the process.

I think that we also overestimate your average person. We're pretty avid followers of this case. Most people I've talked to have heard of the case, but don't know specifics. I met someone the other day who had never heard of the case. These people aren't going to cross-reference cell phone numbers on one doc with texts on the other. Most people aren't going to say "Oh, Sally. That's a nice name. Let me find more information about this person."

That's not to say that this law can't come back to bite an innocent person in the toucous, but someone upthread brought up computer searches pegging an innocent person as a psychopath or an accomplice. In most situations, basic police work would clear an innocent person. I don't think a truly innocent person needs to live in fear of this law, and in this case it seems like most of the "innocent bystanders" have either willingingly helped with the investigation or haven't had anything awful released about them. If they have a prior criminal record, it's their bad luck for being in the right doc at the wrong time, IMHO.

 

[sua_sponte]

I'm sure that most of you who have no problem with the sunshine laws would change your tune if you were subject to them.

 

[MomofBoys]

I don't know. Have any of the innocent bystanders in this case spoken out against the law?

I just haven't seen anything egregious being done to anyone but the Anthonys, really, and their complicity is in question.

Many of the main case players in the docs have already come forward to LE and provided the information we see in the docs, and the docs paint them as cooperative.

I personally wouldn't mind being in docs if I had been helpful to the best of my ability and didn't have skeletons in my closet. If I was someone with an existing criminal record, then maybe I'd be worried. But I don't. Then again, that information would likely be accessible via other avenues.

 

[dax]

I live in FL and I like the SS Laws. It keeps government honest and on their toes.

I also think it's important to remember that it's the MEDIA who shoves this information out into the public eye. The laws just make the information available.

If we didn't have the SS Laws then the media could get it from the FOIA. So either way it would be in the papers and on TV.

The SS Laws are there so private citizens can see what goes on behind closed doors and I don't think that's ever a bad thing.

Illinois should try it! Maybe they'd get an honest Governor for a change...imo

 

[chiefinspector]

Strong public record laws, as with anything can be abused; but the benefits outweigh the risks. We are as a country opposed to secret proceedings or stifling the news. A criminal case is prosecuted by the state; what makes up a state? The people, the people who set up and pay for the system. Some states even use the terminology "People VS *advertiser censored*" or "the people of the state of California Vs. *advertiser censored*" Every citizen is a peripheral party to the case. Does this mean the people have a right to everything? No. however the burden should rest with the party protesting disclosure to show why it should not be disclosed. That something might embarrass someone or that someone just does not want something released is not a good reason to make things secretive.

What we do know about this case from documents released show that the state is portraying this as a heartless, cold blooded, remorseless, calculated, heinous, atrocious and cruel crime. Knowing this, and knowing that the lazy, cowardly, bleeding heart state attorney refuses to seek the death penalty, is important public knowledge because it is an elected office, the people have a right to know the same evidence the prosecutor has seen and determine if he is who they want to elect to office. Hiding information about the case makes his position seem more reasonable, but the facts of the case are overwhelming.

Because of this lazy, bleeding heart prosecutor, Casey Anthony will not confess anything. Even before the body was found, and he had no clue as to manor of death, he went out of his way to clamor that the death penalty was not an issue, after discovery of the body again they assured us all that nothing on earth could ever make them want to seek death.

she will spend life in prison no matter what, a life plea deal as opposed to a trial would save time and millions. Now since she is going to get life no matter what, she can drag this out as long as she wants, certain of what the result will be, but has nothing to lose.

Now he is following the Florida doctrine which holds that a female should not ever be sentenced to death, no matter the crime, of the 300 or so inmates on death row only 1 is female, and i am sure that sentence will be reduced to life on appeal.

 

[FX Wiz]

The Sunshine law was put in the Fla Constitution long before the internet came along. Perhaps the lawmakers should re-visit the the terms of the ammendment, but originally it was a conservative law to prevent local officials from being liberal with the rules and make deals "behind closed doors".

 

[Spyglass]

Among the many wonderful provisions of the Sunshine laws: elected officials cannot legally meet privately (not even in a phone call); attorneys must reveal their clients (this provision caused a few influential attorneys not to rerun for the legislature because they didn't want to release client names).

I am VERY proud of our Sunshine laws.

 

[FX Wiz]

Now he is following the Florida doctrine which holds that a female should not ever be sentenced to death, no matter the crime, of the 300 or so inmates on death row only 1 is female, and i am sure that sentence will be reduced to life on appeal.

That's too bad. Eileen Wurnos (sp?) was put to death in Fla recently because she killed a couple of men who picked her up hitchhiking. Somehow I think murdering such an innocent child warrants an equal punishment.
I just wanna see if she eventually goes into the general prison population ...woohoo! If not, the solitarity will drive her crazy!

 

[chiefinspector]

That's too bad. Eileen Wurnos (sp?) was put to death in Fla recently because she killed a couple of men who picked her up hitchhiking. Somehow I think murdering such an innocent child warrants an equal punishment.
I just wanna see if she eventually goes into the general prison population ...woohoo! If not, the solitarity will drive her crazy!

Yes there have been women executed in Florida, the doctrine is fairly recent. It was codified in cases lick Jackson Vs. State. In the case a women intentionally dropper her keys so that it would distract a police officer and she used that distraction to produce a revolver and shoot him. I believe the Florida Supreme Court reversed the death penalty 5 or 6 times before the trial courts gave up and imposed a life sentence.

Virginia Lazeree was on death row for years and her sentence was tossed out. She paid a hitman to kill her spouse i believe.

Then the Ana Cardona case. after over 10 years on death row, the Florida Supreme Court reversed the conviction. She murdered her 3 year old son and dumped his body. Autopsy reports show an overwhelming amount of abuse, the child was half his healthy weight, normally locked in a closet, had several bones which has been at one time or another broken, his diaper was sealed to his body with duct tape so it would last longer, as her and her female lover were doing cocaine in the home. The instrument of choice? She was very fond of and frequently used a baseball bat to hit her child, causing a skull fracture which became infected due to no medical treatment,the child developed meningitis and died. The medical doctor said that although that was the immediate cause of death, he was already dieing due to the abuse and cause of death was multiple injured over a long time.

Kenya Hill beat her small child to death with a shoe. The police officer first on scene could see the tread impressions of the shoe on the skin on various parts of the body. This murder took place only months after she was placed on probation for child abuse/neglect. Like the Anthony case, the courts did not invoke the Florida Doctrine, the state simply refused to seek the death penalty, Good thing they didn't because she got a 25 year sentence, so she will be out on the streets again, shoes in hand.

Total current death row statistics: total: 393 Men: 392 Women: 1
99.997% male

 

[sleutherontheside]

I am bumping for new discussion.

 

[LiveLaughLuv]

NY has it's own version of the Sunshine Law..it's the Freedom Of Information Law. Which I believe most states now have. All it takes is a small request and you have the information.

What needed to happen with KC's case is to put a gag order on everyone and sealed all the discovery documents to ensure that this trial would not be overturned on an appeal or aquitted..That would have ensured CA/GA would have stood silent instead of enraging people with their false Caylee sightings and placing innocent people as the ones responsible for Caylee's demise.

I think in the end, KC will be convicted but I think LWOP is what will happen. They will not put her to death since she has no prior arrests..:banghead:

 

[nssherlock]

The "State in the Sunshine Law" has it's place. It is needed for transparency in government proceedings ... I think what you will hear about, after this case, is the interpretation of the Sunshine Laws. I can see a high court ruling to refine and narrow its scope ... eventually.

What She Said !! :thumb: The law overall is of value, this case has identified some shortcomings that will i'm sure be corrected.

 

[lin]

As a Florida resident, I don't see a need to refine, amend or otherwise change the Sunshine laws. How much discovery have we seen in the Sandra Cantu case? Oh yeah, that's right; Huckaby's attorney didn't argue against a gag order and sealing of the records.

JAB made his bed and now KC lies in it. I have no sympathy nor do I feel the wealth of information available is caused by anything other than the incompetence and greed of JAB and the greed and self-perceived celebrity of the Anthony's.

 

[nssherlock]

Fighting against the publication of my Dale's autopsy photos is the only thing the Widow Earnhardt did that did not put money in her pockets and it saved us from seeing other photos in the Future.

12 years after JonBenet's murder, Trust Me - we wish that Colorado has the Sunshine Law and tht we could celebrate Doc Dumps instead of darkness. Case followers will NEVER see as much evidence as we have with Caylee
and I predict better results at her homicide trial.

Bolded by me............I have often thought of how the sheer power of the internet in this case is going to provide a better result. LE has limited resources - and I can't help but think that the serious work that some have done (JWS, James Bond, just to name a few) will tighten the information we see eventually at trial. Technology has changed the landscape relative to our past views of privacy - JMO

 

[Tracey276]

Absolutely, especially in cases involving criminal or civil matters. The release of all the personal emails, phone records, text messages are an invasion of some innocent bystander's privacy.

I also don't particularly like that in FL, you can go to the clerk of the courts website and pretty much find out if your neighbor has ever gotten a traffic ticket, been evicted, been sued, got married or divorced, etc.

How much did your neighbor or coworker pay for their home? Are they delinquent in paying their taxes? It's easy to find on the tax appraiser's website. What is the home address of someone you may be interested in stalking? Well, if they own a home, it's easy to find out.

I understand the morbid curiosity that people have about these things but I do feel it gives FL residents a particular lack of privacy.

As far as the entire "sunshine law" I don't feel it should be AS open. I would say the personal information and witness statements being released is a bad idea. The only thing I fear in this, is that, folks who would want to help or go in and make a statement now, may not do so, because everything they say can be read by the enitre world. It could put innocent people in danger.
However, as for the comment above by Marple, you can get all this information in every state at your local courthouse, even without the "sunshine law" Those are all public documents. And even a step further, in the world of the internet, every person's information is very easy to be found.

 

[sleutherontheside]

Wanted to bump this topic....

Although we enjoy the discovery that the SSL entitles us to review, does anyone think that certain ammendments or shall I say, considerations, should be made when dealing with tipsters, and other "innocent" bystanders? This case has a ton of "collateral damage". Would redacting certain info prior to release be in order?

 

[thedeviledadvocate]

Wanted to bump this topic....

Although we enjoy the discovery that the SSL entitles us to review, does anyone think that certain ammendments or shall I say, considerations, should be made when dealing with tipsters, and other "innocent" bystanders? This case has a ton of "collateral damage". Would redacting certain info prior to release be in order?

The discovery allowed to be seen by the SSL does make it much easier for us to follow the case. It also allows the media to have a blitz each time its released. I wholeheartedly agree with you that there has been a ton of collateral damage in this case. I don't know who would determine whatever considerations were to be made, but I think it would be very difficult to do, I am glad that's not my job. I like the benefits we sleuthers enjoy from this law, but I am very glad they don't have it in my state.

 

[sleutherontheside]

Bumping for more discussion. I am enthralled with this case and enjoy all of the info we are afforded. I remain torn when it comes to witnesses, and those other parties that have ended up as collateral damage. Do you think that certain info should either be excluded from public release of discovery or that there should at least be more redacting of names and addresses of certain parties?

 

[Muzikman]

Bumping for more discussion. I am enthralled with this case and enjoy all of the info we are afforded. I remain torn when it comes to witnesses, and those other parties that have ended up as collateral damage. Do you think that certain info should either be excluded from public release of discovery or that there should at least be more redacting of names and addresses of certain parties?

Nope! Like it the way it is.

It's rare for all of this to be so public, for so much collateral damage to fringe players. It's just because of the nature of this particular case.

Thanks to the Sunshine Law, this week we know that we have some corrupt Gov't officials in Florida, trying to hide their emails about a huge, expensive project, by titling them "Waffles" and "Pancakes" and such.

Thanks to the SSL and some reporters, corruptions like this - that cost us taxpayers untold amounts of money - are exposed.

 

[Just Jayla]

Nope! Like it the way it is.

It's rare for all of this to be so public, for so much collateral damage to fringe players. It's just because of the nature of this particular case.

Thanks to the Sunshine Law, this week we know that we have some corrupt Gov't officials in Florida, trying to hide their emails about a huge, expensive project, by titling them "Waffles" and "Pancakes" and such.

Thanks to the SSL and some reporters, corruptions like this - that cost us taxpayers untold amounts of money - are exposed.

Amen to that! Up here near D.C., we catch a lot on the news about people mis-using/stealing public funds in the federal government agencies, cause all that stuff has to be reported (no comment on the accuracy!)
I think FOI/Sunshine laws keep most people a little more honest and on their toes-We haven't seen anything to indicate that OCSO has behaved badly, at least the officers directly tied to the case, and we have not heard the defense go that angle, either.