Research Paper Florida Juvenile Bindove
This paper discusses several provisions in the criminal code that decide when an adolescent must be treated as an adult in a court of law, usually, this method s called a “binder” proceeding or hearing. The information presented in this research was extracted from various sources included but not limited to: The 2014 Florida Statues, Florida Gulf Coast University databases, and various internet sources. Structure Each state has legislatures and codes they must follow in order for a minor to stand trial in an adult court. Here in Florida we have a specific set of guidelines that must be followed in order to prosecute a juvenile as an adult.
Chapter 985 of the Florida statues goes deeply in detail when a minor face trial as an adult. Ledger this statue a child may be sentenced in an adult court f is believed guilty to have committed the crime punishable by death or life incarceration the adolescent will be condemned as an adult under the chapter 958. The tendency to surrender on juvenile rehabilitation so that we can ease the political demand for severer law enforcement is resulting in an all-time high numbers of adolescences being binder to adult trials at all- time lower ages.
The unhappy truth is that the end result is a much radical recidivism amid such adolescences (Juvenile Injustice, 1996). Additionally Florida has a broad number of laws and within a very specific section deals tit minors in the justice system. Typically an adolescent will be tried as one if it is their first offense and such is not to serious, per say theft, arson or any other crime that does not account to murder or higher scale offenses.
If an adolescent may ever be found to have committed a direct updated 011201 5 violation of a law as a substitute to adult dispositions, the child can be instead placed in a department for treatment which falls within an appropriate program for children outside the adult correctional system or be placed on juvenile probation. In order to decide whether to impose an adult sentencing r a minor sentencing hearing the court must act upon the following criteria. Manner in which the offense was committed: aggressive, violent, premeditated, or willful manner. The severity of the crime committed to the public community.
The child will be punish given the most favorable out- coming to best protect the citizen whether that is to punish with adult or adolescent sanctions (Flag. Stats. ). Development Moreover if the case arrives In which an adolescent is tried and found guilty for a crime committed the court will adhere to the possibility to charge the minor as an adult. The following Statutory law deems the process that must be taken in order to binder an adolescent in an adult court. The 2014 Florida Statutes Title SILVIA Criminal Procedure and Corrections, Chapter 985 Juvenile Justice; Interstate Compact on Juveniles.
S 985. 565 Sentencing powers; procedures; alternatives for juveniles prosecuted as adults. Sentencing Alternatives: (a) Adult sanctions. 1. Cases prosecuted on indictment -? . If the child is found to have committed the offense punishable by death or life imprisonment, the child shall be sentenced as an adult. If the juvenile is not found to have committed he indictable offense but is found to have committed a lesser included offense or any other offense for which he or she was indicted Updated 01/2015 as a part of the criminal episode, the court may sentence as follows: a.
As an adult; b. Under chapter 958; or c. As a juvenile under this section (Flag. Stats. ). They are two ways in which such trial could go, if the adolescent is found guilty of a serious crime then he or she shall be inducted under adult sanctions, or if they were to be found guilty not of that crime but a much lesser one they can be tried as minors under the same section which clearly retests the rights of both situations. Subsequently research is being done every day and the data which comes out of those research help lighten up some of the problems that we are currently facing.
Criminal past and the financial, family, and school histories of the adolescents are graphed. Around 62 percent of total crimes supposedly committed by the binder population of adolescents were felonious crimes against other individuals, and close to 89 percent of the juveniles had a history of at least one felony previous to binder. Given that around 87 percent of the circumstances similarly had already prior commitments to the Department of Youth Services or for that matter had been indicted with a crime linking the infliction of serious bodily harm (Roy & Sang, 1980).
Once a case of this extent reaches the court, a decision is made in order to extend an adult trial instead of a juvenile hearing, give the previous record of crime obstruction by the minor. Conclusion In today’s society the crime rate is higher than it’s ever been and it’s sadly not only committed but adults any more a great part of this felonies are done by minors, children whom otherwise don’t know better or have been too far involved Nina bad lifestyle all their lives.
Updated 01/2015 Whether they are involved in a mayor crime, or waived their rights to stand trial as a minor, the binder procedure will advocate for that juvenile to stand an adult hearing and if found to be guilty the juvenile will indeed be sentenced and punished as an adult. In some states death penalties or life in prison without parole have been applied to crimes committed by minors. Within our system any means must be taken into consideration in order to deter crime within our society and that does not rule out crimes done with adolescents.
