Direct-file laws.
"Florida's grand experiment of the '90s," as mentioned in the October 1 News, has proven a failure. The prosecution of younger and younger children as adults is not only ineffective in reducing crime but costly as well. The time has come to reevaluate how these types of cases are handled.
In these times of tight government budgets, it is incumbent upon us to set aside rhetoric and focus on the reality. History and recent studies show that "tough on crime" rhetoric with regard to direct-filing children has resulted in a waste of taxpayer dollars. It almost guarantees children will not be rehabilitated, will need further incarceration, will endanger society, and will require additional mental health and medical treatment. The juvenile justice system, albeit imperfect, is nevertheless best equipped to rehabilitate children and give them the best opportunity to become productive citizens. Isn't that what we all want?
The Legal Needs of Children Committee's recommendations do not advocate shutting the door on all criminal prosecution of juveniles. Rather, the committee recommends a criminal judge make the ultimate decision as to the proper court to hear each child's case. An impartial judge is in a better position to ensure the protection of due process rights, evaluate the unique circumstances of each child's case, and determine where the interests of justice will best be served.
In practice, the nearly unbridled discretion currently afforded to prosecutors to direct file juveniles often results in "coerced pleas." This happens when a child is faced with the decision to plead guilty to a juvenile charge or be prosecuted in adult court. The stakes...
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