The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
7 comments:
Does anyone know the Court's authority to charge a defendant for the cost of a trial? Does the money go to the Court or the the USAO?
I'm not sure either. Anyone? Bueller? Bueller?
Look at 28 USC 1918 for the authority and 28 USC 1920 for the costs that can be taxed. I have only seen this once, and that part of the judgment was reversed on appeal because the cost of a court appointed special prosecutor was included in the total (presumably as a court appointed expert, which he was not).
To add one more thing, in the aforementioned case, it was payable to the Administrative Office of the United States Courts.
Thanks for the citation. According to the statute, a bill of costs and an affidavit supporting the bill must be filed. I would like to see the bill.
Also, did the Court take into account that a large portion of the costs involved in the case presumably flowed from the government's decision to seek the death penalty?
It seems to me if the government sought the death penalty and certain costs were associated with that decision, the defendant should not have to pay those costs when he prevailed on that issue.
Used to be that a defendant had to pay the executioner for a clean cut too. That kind of sick shit is up the line of forfeiting ones property to the state upon conviction of a felony. How much blood does the govt. want. Yes, the guy should be in prison or dead; but, we as a society need to bear the cost of the prosecution. Perhaps one day people will realize their money is better spent on education and deterrence than prosecution and punishment.
I started my blog "Barbara's Journey Toward Justice" after I read Dennis Fritz's New Book "Journey Toward Justice". He is the other innocent man in John Grisham's book The Innocent Man. He has an amazing story. I have a post dated June 22 Titled "Prosecutors Are Master Framers of Wrongful Convictions". You all may be interested in reading it.That story is amazing also.
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