NCJ Number
153837
Journal
Florida Law Review Volume: 45 Issue: 4 Dated: (September 1993) Pages: 609-707
Date Published
1993
Length
99 pages
Annotation
Using Florida's law as an example, this note discusses the impact of stalking laws and evaluates their effectiveness.
Abstract
Florida enacted its stalking law in 1992 in an attempt to help protect victims of domestic violence. The Florida law has been touted as one of the toughest in the Nation, as it explicitly authorizes early police intervention and tough judicial penalties for convicted stalkers; however, the law has come under increasing attack from the courts, defense attorneys, and even victim's rights advocates. Part II of the article addresses the stalking problem and examines the limitations of traditional legal remedies. It also outlines Federal and State stalking legislation and problems that have been encountered under newly enacted stalking laws in other States. Part III describes Florida's stalking law and its changes to existing criminal and civil remedies. Florida cases that address constitutional issues raised by the stalking law are evaluated in Part IV. Part V includes the results of a survey of Florida law enforcement departments. The results supplement the stalking data available through State and Federal agencies. Fifty-nine percent of the surveyed departments responded. The survey asked questions regarding stalking arrests, access to criminal history data, policies and procedures, and training tailored to the stalking statute. Part V also examines the enforcement and effectiveness of the Florida stalking law through analysis of the survey results, as well as additional concerns raised in the public debate over the law. The concluding section discusses how the stalking law can be improved, particularly through greater emphasis on integration of the law with traditional legal remedies. 483 footnotes and appended survey questions and methodology