NCJ Number
106951
Journal
Florida State University Law Review Volume: 11 Issue: 4 Dated: (Winter 1984) Pages: 921-947
Date Published
1984
Length
27 pages
Annotation
This article examines provisions of the Florida Juvenile Justice Act (1981) which allow for transfer of juveniles to the adult court system. The act provides that the child and State's best interests must be served when deciding the juvenile offender's fate.
Abstract
In transfer by judicial waiver, the juvenile court relinquishes its original jurisdiction over children age 14 or older. In Kent v. United States, the U.S. Supreme Court held that children may not be transferred without a hearing and statement of reasons. The State attorney may seek transfer of a juvenile, but the Florida Department of Health and Rehabilitative Services, using Kent v. United States standards, must study the child's background and submit the study for judicial review. Transfer by an information filed by the State attorney occurs with children age 16 or 17 who have allegedly committed offenses requiring consideration of adult sanctions. This method requires no due process and no judicial review. In State v. Cain, the Florida Supreme Court ruled that the State attorney may charge by an information juveniles age 16 or 17 as adults only if they have previously committed two delinquent acts, one of which would be a felony if committed by an adult. The juvenile indictment provision holds that children indicted by grand juries for violations punishable by death or life imprisonment may be transferred to adult criminal court. In response to Robidoux v. Coker, Florida amended the Juvenile Justice Act so that juveniles may be tried as adults for offenses related to the indictable offense. Under the demand-waiver provision, children or parents may request transfer in writing, usually when adult sanctions are less severe than juvenile ones. Children found guilty in adult courts, except those found guilty of capital or life offenses, may be sentenced as juveniles. The court must follow criteria like those set out in Kent v. United States in deciding appropriate sanctions. 203 references.