Hon. William H. Burgess, III, B.C.S.
It is a statutory mitigating factor under Florida's Criminal Punishment Code that the defendant acted under extreme duress or under the domination of another person when he or she committed the crime.1 While listed together, it is quite arguable that domination of another person is a lesser species of, and a much less rigorous standard from, extreme duress.2
Hon. William H. Burgess, III, B.C.S.
The basic alternatives for concurrent and consecutive sentencing alternatives under Florida law are as follows:
Discretionary Consecutive Sentencing
Same Indictment, Information, or Affidavit: A defendant convicted of two or more offenses charged in the same indictment, information, or affidavit or in consolidated indictments, informations, or affidavits must serve the sentences of imprisonment concurrently unless the court directs that two or more of the sentences be served consecutively.1 The court must affirmatively express its intention that such sentences are to run concurrently; otherwise, they will run consecutively.2
Hon. William H. Burgess, III, B.C.S.
“Sentence” is the judgment formally pronounced by the court or judge upon the defendant after conviction in a criminal prosecution, imposing the punishment to be inflicted.1 The word comes to the modern language of the law, via Middle English and Old French, from the Latin word sententia, meaning a feeling or opinion communicated by someone to others. This etymology of “sentence” embodies the idea that sentencing is intended to be an expressive function of the courts, conveying to everyone involved and to observers the public’s reaction to the criminal offense. Public denunciation of the individual is an important part of the sentencing process: By censuring the offender, the court not only punishes the individual but also issues a statement of regarding what the community as a whole regards unacceptable behavior and reasserts the moral boundaries of the community.2
