In Broward County, Blacks are more likely to be arrested for Offences Against The Person than Whites. This may be because of heavier policing in black neighborhoods and the tendency of black females to request police assistance in domestic squabbles with black men. It might be instructive to review some aspects of the law relating to Offences Against The Person in Florida.

MURDER

Unlawful killing of a human being is defined by both common law and Florida Statutes as murder. Premeditated murder is defined by Florida Statutes as First Degree Murder. The penalty for First Degree Murder in Florida is either life imprisonment or execution by lethal injection. When an individual kills another individual during the commission of a felony this constitutes Felony Murder which is categorized as First Degree Murder by Florida Statutes. More Blacks than Whites are on Death Row in Florida awaiting execution for First Degree Murder.

ASSAULT AND BATTERY

When one person places another person in reasonable fear of harm an assault has occurred. An assault need not be accomplished through physical contact. Battery is the unlawful touching of another. An uninvited hit, push or touch is a battery. Assault and battery are frequently charged together but need not be. Simple battery is a misdemeanor. Aggravated battery is a felony. Aggravated battery occurs when the person committing the battery intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement, or when the offender uses a deadly weapon when committing the battery. An aggravated battery also occurs if the person who was the victim of the battery was pregnant at the time of the offence and the offender knew or should have known that the victim was pregnant.

SPOUSAL SEXUAL BATTERY 

An important difference between the sexual battery laws of Florida and the rape laws of the Commonwealth Caribbean is that in Florida marriage is not consent for the purposes of sexual battery. It is illegal in the State of Florida for a person to rape his/her spouse. Submission of a spouse to sexual intercourse as a result of threats may constitute sexual battery depending upon the circumstances. In some Commonwealth Caribbean countries a man may not rape his wife.

David P. Rowe Professor of Law University of Miami School Of Law, Professor of law St. Thomas University School of Law