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

[nanny1]

Yes, right after this case is finished.:doh:

 

[sleutherontheside]

LinasK, I understand your position about GA, CA, and LA; God knows I am not soft on them, but my problem is that this darned Sunshine Law applies to everyone who even voluntarily gets involved with an investigation.

For example, AL and his roommates who have behaved admirably throughout this investigation, are nevertheless on record for having used drugs. No matter how minor or insignificant that may have been, their chances at certain careers are demolished now, or at least jeopardized.

Maybe I'm especially sensitive to the damage this Sunshine Law could do because I've raised boys to manhood--irritating, rambunctious, carefree college boys who grew into magnificent, responsible, successful men by the time they reached their 30's. I am blessedly unaware of most of their youthful "highjinx." If, however, they'd witnessed a crime and come forward in their teens or twenties, the Sunshine Law might have damaged or destroyed their promise and futures.

I also raised a girl to adulthood, a gorgeous, remarkablly successful executive now (who never even kissed a boy until she was married LOL). I wonder how she would have turned out if, like Amy H or the others, her every intimate alliance had been exposed for humiliating public discussion all because she happened to be acquainted with, and fooled by, a Casey Anthony.

I guess what I'm trying to say is that I wish there was a way to eliminate "collateral damage to innocent (or at least uninvolved) bystanders" from the Sunshine Law. Maybe they could be classed as "secondary" witnesses. However, people like CA, GA, and LA could be classed as "primary" witnesses, and the Sunshine Law would be in full effect on them.

It's just a thought. What do you think?

Very well said. "Collateral damage" is an excellent way of describing it.

 

[ExpectingUnicorns]

In light of the excitement created by anticipation of the newest document dump, I am wondering if any posters on this thread have reconsidered their opinions.

 

[LinasK]

LinasK, I understand your position about GA, CA, and LA; God knows I am not soft on them, but my problem is that this darned Sunshine Law applies to everyone who even voluntarily gets involved with an investigation.

For example, AL and his roommates who have behaved admirably throughout this investigation, are nevertheless on record for having used drugs. No matter how minor or insignificant that may have been, their chances at certain careers are demolished now, or at least jeopardized.

Maybe I'm especially sensitive to the damage this Sunshine Law could do because I've raised boys to manhood--irritating, rambunctious, carefree college boys who grew into magnificent, responsible, successful men by the time they reached their 30's. I am blessedly unaware of most of their youthful "highjinx." If, however, they'd witnessed a crime and come forward in their teens or twenties, the Sunshine Law might have damaged or destroyed their promise and futures.

I also raised a girl to adulthood, a gorgeous, remarkablly successful executive now (who never even kissed a boy until she was married LOL). I wonder how she would have turned out if, like Amy H or the others, her every intimate alliance had been exposed for humiliating public discussion all because she happened to be acquainted with, and fooled by, a Casey Anthony.

I guess what I'm trying to say is that I wish there was a way to eliminate "collateral damage to innocent (or at least uninvolved) bystanders" from the Sunshine Law. Maybe they could be classed as "secondary" witnesses. However, people like CA, GA, and LA could be classed as "primary" witnesses, and the Sunshine Law would be in full effect on them.

It's just a thought. What do you think?

That could work if a player like TonE or Amy wasn't that involved in the case- but might need to change if it came out that they were more involved than originally suspected... I still love being privy to all of the info, because I'm here in California following the case, and I can therefore guarantee I'll never be on this jury, so I'd otherwise never get to know about all this evidence.

 

[CarolineJ]

Does anyone know any LE people, especially in Florida? I think it would be really interesting to know what their opinions of the Sunshine Law are! Does it make it harder from them to work a case when a lot of the info they use is thrown out there? Most of what I have read in this case are things that have already been turned over to the State's Attorney, am I right?

I would love to know how LE feels about this!

I don't know anybody in LE, but I do know that Florida has had sunshine laws for 40 years and I would think that everybody now in LE and the entire legal field has learned how to do their jobs within the provisions of the law. So, it can be done. I am very much in favor of the sunshine law and I hope that nobody messes with it. It keeps everybody honest, IMO.

 

[okiedokietoo]

no I don't think the Sunshine State Laws Should be Ammended

 

[Spangle]

The only thing about the law that bothers me, is that in the future, folks might not want to call the cops and report anything. Tips? Forget it!

Over the years we have benefited alot from the law. Like alot of things, it's not perfect. I sure wouldn't want to do away with it.

 

[Jolynna]

No, I don't.

 

[NancyT]

I believe in state's rights, so no, I don't think they should change anything because of what some out of staters might want. If Floridians want it changed, there are proper channels for them to address it.

 

[cocoamom]

As a Native Floridian, no I don't think the Sunshine Law should be amended. I am trying to calmly address this but my reasoning is one of my pet peeves about Americans. If a tipster or an "innocent" bystander or witness has info dumped that is private or personal, it's their own fault!

My wise mother used to tell myself and my siblings "don't put anything in writing you wouldn't mind seeing on the front page of the newspaper". She passed away before the internet but she would have considered emails, posts, text messages, etc the same as "writing".

The Sunshine Law provides for redaction of Social Security Numbers, addresses and phone numbers. Take text messages for example. What is being released is what they actually WROTE. Not supposed to be the number or addresses, etc. If one of the cast members of the case wrote private and embarrassing information they should have thought about the fact that employees of the cell company could read it and others if they ever needed/wanted/legally had to!

Same with the emails that Friday referenced. Maybe that person should have used some caution with their words - if they don't want the world to know personal and private info, they should never write it down! DUH!

Anything that can be considered evidence in court is NOT PRIVATE. If you wrote a letter and mailed it, it can be used in court. A note on a pad in your house, used in court. As far as GA and his "private" interview he didn't want CA and LA to know about - that's what attorneys are for! Never tell LE anything without an attorney present - double DUH.

Without the Sunshine Law we would not be able to police our LE. Sadly, sometimes they need policing. Example - 3 calls by meter reader, 3 who had relationships with perp, other cases with mishandling of evidence. Sunshine also provides a way for us (citizens) to be assured of a fair trial. LE has the resources and authority to investigate cases that the normal citizen's attorney cannot! The information that LE gets could be exculpatory (in the defenses favor) and the defense would never know about it!

How is it a fair trial if LE has evidence that could and may clear a person and doesn't let anyone see it (attorney of defense either)? These actions COULD or MAY lead to convictions being more important than the TRUTH thus no fair trial! Put yourself behind those bars and innocent - wouldn't you want the opportunity to exonerate yourself?

So the two laws of DUH should be:

1. DON'T WRITE IT DOWN unless you don't mind it being public information

2. Always ask for an attorney before you speak to police. It does NOT mean you are guilty to have an attorney present - only that you are careful - this is why they ASK you if you want one!

 

[sttct]

I think that it should regarding Jail House Visits. What is said between Jailees (is that a word) and the visitors should be private. It still should be recorded by LE and then able to be used in a court of law...however, should not be made public to the media. I feel that those are personal visits. Not that I don't like watching them, but I just think that LE could obtain a lot more information if the people felt more comfortable talking, rather than constantly feeling like they are going to relive the convo's in the news. I think the document dumps as far as warrants and Investigation notes should be released, but I think the names should be kept private. If only to protect those giving the information. What if, what if and we know its not, Casey is let off, and let's say she really is a cold blooded killer, she could go after people. I know Casey doesn't seem like a scary person, but what if it was someone scarier, like a child molestor. I'd be worried that SO might retaliate and go after my kids KWIM? So names, addresses, etc should be BLACKED OUT. I think the information is important because maybe someone reading it, might realize something important. Or the media might put out information that could bring other people who may not have felt knew anything, hear something that is now invaluable.

 

[cocoamom]

I think that it should regarding Jail House Visits. What is said between Jailees (is that a word) and the visitors should be private. It still should be recorded by LE and then able to be used in a court of law...however, should not be made public to the media. I feel that those are personal visits. Not that I don't like watching them, but I just think that LE could obtain a lot more information if the people felt more comfortable talking, rather than constantly feeling like they are going to relive the convo's in the news. I think the document dumps as far as warrants and Investigation notes should be released, but I think the names should be kept private. If only to protect those giving the information. What if, what if and we know its not, Casey is let off, and let's say she really is a cold blooded killer, she could go after people. I know Casey doesn't seem like a scary person, but what if it was someone scarier, like a child molestor. I'd be worried that SO might retaliate and go after my kids KWIM? So names, addresses, etc should be BLACKED OUT. I think the information is important because maybe someone reading it, might realize something important. Or the media might put out information that could bring other people who may not have felt knew anything, hear something that is now invaluable.

Hmmm video - interesting - made me stop and think a minute. I consider video conferences spoken word so yea, they should be private (IMO) UNLESS they are informed or sign notification that the recording is taking place. That tells them - heads up! Can be evidence so beware of what you say! If that's the case then it's their own bad...

ITA about the names, addresses, and numbers being confidential.

 

[elle1919]

No way Jose...pardon the pun

 

[mommyto4]

As a Native Floridian, no I don't think the Sunshine Law should be amended. I am trying to calmly address this but my reasoning is one of my pet peeves about Americans. If a tipster or an "innocent" bystander or witness has info dumped that is private or personal, it's their own fault!

Respectfully snipped and bolded by me.

Are you serious? If an innocent bystander witnesses a crime, say a shooting, its their own fault their personal lives are spread out all over the news and the internet? Its their own fault that people go and check their MySpace, then check the MySpace profiles of all their friends and families and look into the background of all their friends and families? Its their fault that for whatever reason people decide that their video rental history needs to be analyzed so we can discuss why someone would rent Dirty Harry 1 day before witnessing a shooting?

You can honestly tell me that if you were a witness to a crime you would be happy about complete strangers knowing everything about you right down to what book you last took from the library? What about your family and friends? You would be completely ok with them having their privacy stripped away thanks to you just having been in the wrong place at the wrong time?

 

[Amil]

Florida laws open book on Casey Anthony's life

http://www.orlandosentinel.com March 15, 2008

 

[Where's Andre]

No. I think people who think otherwise really need to get over themselves.

What do you think the odds are that you'd live in Florida and be associated with a case with enough media interest for anyone to care in the slightest about your personal life? Pretty slim, even for Floridians.

Regardless of where you live, most of this information is public record anyway unless a judge orders it sealed. Most of the time it isn't an issue, because most people don't have the time to get to it, and/or don't really care, or you aren't even aware that the info was accessed anyway.

To me this seems more of a vicarious projection of your own feelings into the case. It also seems disenguous. If you truly don't believe in Sunshine-- then stop following the case, and/or move away from Florida (if you even live here). It's tantamount to saying "please Governor Crist-- stop me before I sin again!"

 

[sleutherontheside]

You know I started this thread a while back and it is interesting to read through and see opinions change as time goes by. I think that the laws work well HOWEVER, I think that some guidelines need to be in place to protect those who are not formally listed as a suspect or POI. In the Cheryl Dunlap case in North Florida....the judge presiding over Gary Michael H. case held the SA off for a year before he allowed any docs to be released. When they were....they were heavily redacted. I think that there have been a number of people that have had their name dragged into this KCA case. I am all for freedom of info....but SS numbers, cell numbers, and addresses need to be considered. Most sleuths respect boundaries and conduct themselves in a professional manner......However there are those that take it upon themselves to call, email, or otherwise contact parties presumed to be innocent just to satisfy a hunch. I love to sleuth and have happened upon quite a bit of info......but I don't need someone's cell number, SS #, or home address to do so. I can only imagine if my name were suddenly post all over the internet because I happened to have met a suspect at one time. This case makes me glad to have decided long ago not to put any social profiles on the web! No myspace, facebook, etc....... And I am glad to see that when I go to 123 people .com that nothing comes up under my name. I would advise anyone that has ANY profiles to go to that site and type in their name. You would be shocked at just how much comes up!!!!!

 

[spyhouston]

As much as I've been obsessed with getting more and more info, I have a feeling that after this case, Florida may change its laws. If not, I'm hoping all states will adopt the same thing. Might become a deterrent to committing a crime in the first place.

 

[Spangle]

My only issue is that persons calling in tips, etc. their info is not kept annon, unless needed as a witness, etc. I know I'm going to be less likely to call in a tip because of it.

And those bystanders info also just plastered out there. It should have been readicated. Unless they were proven to be connected to the case, etc.

 

[sua_sponte]

As a Native Floridian, no I don't think the Sunshine Law should be amended. I am trying to calmly address this but my reasoning is one of my pet peeves about Americans. If a tipster or an "innocent" bystander or witness has info dumped that is private or personal, it's their own fault!

My wise mother used to tell myself and my siblings "don't put anything in writing you wouldn't mind seeing on the front page of the newspaper". She passed away before the internet but she would have considered emails, posts, text messages, etc the same as "writing".

The Sunshine Law provides for redaction of Social Security Numbers, addresses and phone numbers. Take text messages for example. What is being released is what they actually WROTE. Not supposed to be the number or addresses, etc. If one of the cast members of the case wrote private and embarrassing information they should have thought about the fact that employees of the cell company could read it and others if they ever needed/wanted/legally had to!

Same with the emails that Friday referenced. Maybe that person should have used some caution with their words - if they don't want the world to know personal and private info, they should never write it down! DUH!

Anything that can be considered evidence in court is NOT PRIVATE. If you wrote a letter and mailed it, it can be used in court. A note on a pad in your house, used in court. As far as GA and his "private" interview he didn't want CA and LA to know about - that's what attorneys are for! Never tell LE anything without an attorney present - double DUH.

Without the Sunshine Law we would not be able to police our LE. Sadly, sometimes they need policing. Example - 3 calls by meter reader, 3 who had relationships with perp, other cases with mishandling of evidence. Sunshine also provides a way for us (citizens) to be assured of a fair trial. LE has the resources and authority to investigate cases that the normal citizen's attorney cannot! The information that LE gets could be exculpatory (in the defenses favor) and the defense would never know about it!

How is it a fair trial if LE has evidence that could and may clear a person and doesn't let anyone see it (attorney of defense either)? These actions COULD or MAY lead to convictions being more important than the TRUTH thus no fair trial! Put yourself behind those bars and innocent - wouldn't you want the opportunity to exonerate yourself?

So the two laws of DUH should be:

1. DON'T WRITE IT DOWN unless you don't mind it being public information

2. Always ask for an attorney before you speak to police. It does NOT mean you are guilty to have an attorney present - only that you are careful - this is why they ASK you if you want one!

For the most part I agree with you, don't put something in writing that you wouldn't want to be shared with others. However, what about private internet searches. How would you feel if law enforcement came in and took your computer and published everything on it for the whole world to see, and you don't get to explain it.

I can imagine that there are probably some weird and incriminating searches on your pc since you've been involved in this case. What if your best friend was arrested today and LE came and took your pc looking for evidence. Tomorrow - your weird searches are all over the news and you are labled a psychopath and possible accomplice in front of the whole world. You never get to explain yourself. Would you still be all for the sunshine laws? Would you say it's "your own fault" for searching the internet?