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David Allen Brener

David Brener’s Legal Guides

3 total

  • Florida's Felony Murder Rule Sweeps With A Broad Brush

    "Florida's Felony Murder Rule Sweeps With A Broad Brush", by David A. Brener, Esq. Florida's felony - murder rule, incorporated into its murder statute, section 782.04, makes it first degree murder when the death of a non-participant occurs during the commission, atte...

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  • Florida's Death Penalty Problems and Recommendations, by David A. Brener.

    In 2006, the Florida Death Penalty Assessment Team, working with the American Bar Association, found a number of problems with the death penalty system in Florida. This assessment focused exclusively on capital punishment laws and processes and did not consider, as a matter of mo...

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  • The Necessity for a Special Instruction on Heat of Passion Manslaughter in Florida, by David Brener

    Homicide can be divided into degrees, as in first, second, or third degree murder, or manslaughter. See Florida Standard Jury Instruction 7.1. Homicide can also be divided into lawful and unlawful killings. See section 782.04, 782.07 Florida Statutes. A killing which is justifiab...

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