Citation

Simpson T. Fla. State Univ. Law Rev. 2007; 34(4): 1221-1246.

Copyright

(Copyright © 2007, Florida State University, College of Law)

DOI

unavailable

PMID

unavailable

Abstract

This Comment will discuss the background of Florida’s chemical castration statute, including why “chemical castration” is actually a misnomer, judicial attempts at ordering chemical castration prior to statutory authorization, the statutory evolution of chemical castration statutes in other states, and the characteristics of Florida’s own statute. It will then identify key legal problems with Florida’s statute, the most egregious of which are violations of the prohibition against cruel and unusual punishment, violations of both federal and state substantive due process interests, and violations of the doctrine of informed consent. It will then identify problems inherent in Florida's statute which make it difficult if not impossible to implement in its current form. Finally, this Comment will propose statutory changes to comport with the policy goals of probation, pass constitutional muster, and overcome the implementation hurdles inherent in the current statute.