AG Vows Crime Crackdown

In November 2025, Florida Attorney General James Uthmeier unveiled a sweeping “get tough on crime” agenda for 2026.

Uthmeier said he wants to limit the insanity defense for violent criminal cases to the sentencing phase of the trial, a change which would significantly rework the state’s criminal law.

“Alleging that you can’t tell right from wrong should not exonerate you from a violent crime,” Uthmeier said in a video posted on X. “Moral incapacity should only be used during sentencing to determine if someone should spend the rest of their life in prison or in a high security hospital.”

Uthmeier also wants to prohibit the release of convicted sex offenders before sentencing, increase retirement benefits for state prosecutors and ban registered sex offenders and those convicted of animal abuse from adopting children.

Moreover, Uthmeier wants lawmakers to nullify an appellate court ruling overturning Florida’s ban on carrying guns openly in public applies statewide.

Predictably, his aggressive agenda drew mixed reactions. “James Uthmeier is a Strong Conservative Fighter and Prosecutor, and has my Complete and Total Endorsement — HE WILL NOT LET YOU DOWN!” President Donald Trump posted on Truth Social last month. Democrats, however, have grown alarmed at some of his actions, such as a controversial Nov. 6 filing against Planned Parenthood.

The Insanity Defense

Once upon a time, the insanity defense was a screwdriver in the car repair toolbox of a Tampa criminal defense lawyer. Especially in federal court, the defense was effective in multiple situations. Today, it’s more like a distributor wrench. The insanity defense is occasionally effective but mostly ineffective. Uthmeier’s proposal would turn the insanity defense into a dwell meter.

Temporary insanity, or the irresistible impulse defense, was available in Florida and most other states until the 1980s. The IID was the equivalent of “the devil made me do it.” If a wave of anger, jealousy, or any other emotion swamped the defendant, even if the defendant had been drinking, the defendant was legally insane.

Then, would-be presidential assassin John Hinckley used this defense after he shot Ronald Reagan in 1981. Although Hinckley spent the next several decades in a secure mental facility, many people claimed Hinckley got off light. As a result, the federal government narrowed the insanity defense. Most states, including Florida, followed suit.

Today, a Tampa criminal defense lawyer must prove that, because of a mental disease or defect, the defendant didn’t know the difference between right and wrong. This defense is much harder to prove.

If this defense is limited to the punishment phase, it may be all but useless. Jurors who believe that a defendant is a “bad man” probably won’t listen to extensive medical testimony during the sentencing phase.

Procedural and Substantive Defenses

Insanity, like self defense, consent, and coercion, is an affirmative defense. These defenses are only available in limited cases. Procedural and/or substantive defenses, on the other hand, are almost always available.

Common procedural defenses include Fourth and Fifth Amendment violations. If police officers illegally seized evidence or illegally interrogated the defendant, the case usually cannot move forward. No one can go back in time and correct a serious procedural error.

A substantive defense is a lack of evidence. Since the burden of proof in criminal court is beyond any reasonable doubt, the highest burden of proof in the law, prosecutors often simply cannot prove the defendant “did it.” That’s especially true if a key witness has credibility issues or evidence on one element of the offense, such as chemical proof of intoxication, is lacking.

Work With a Dedicated Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters throughout the Sunshine State.

Source:

tallahassee.com/story/news/local/state/2025/11/10/attorney-general-uthmeier-legislation-florida/87065756007/