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Direct File: Treating Children as Adults

This presentation discusses the practice of direct file, where children are charged and prosecuted as adults in the criminal justice system. It explores the issues, impact, and science behind direct file, as well as proposed reforms. Learn about the consequences and racial disparities associated with treating children as adults.

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Direct File: Treating Children as Adults

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  1. Direct File Charging Children as Adults

  2. This presentation was created by Charlotte Nycklemoe Chairperson, Juvenile Justice Action Team League of Women Voters of Florida

  3. The League of Women Voters • Nonpartisan, but political • Established: 1920 • 1972: Men accepted • Educate & Advocate

  4. What We’re Going to Cover What is Direct File? How Direct File works Direct File issues Science about Direct File Reform the system

  5. Direct File What is it?

  6. Juvenile vs. Adult Justice Systems Juvenile Justice System Adult Criminal Justice System 18 and over Circuit Court Judge Criminal court May result in punishment, incarceration • Under 18 • Juvenile judge • Delinquency proceeding • May result in sanctions

  7. Sanctions in Juvenile Court • Community-based programs • Residential programs • Not ‘incarceration’ • Separation from the community

  8. DIRECT FILE Overview Florida State Attorney may: • Override juvenile or family court jurisdiction • Charge juveniles in adult criminal court.

  9. Adult Jail Limitations Pending trial, direct filed children must be held in adult jails • Not designed or equipped for children • Poor education services

  10. DIRECT FILE Impact:

  11. Direct File How Does it Work?

  12. Florida Law In the case of Direct File: • Which offenses qualify? • What minimum age applies?

  13. Transfer of Child to Adult Court Three ways a transfer can occur: • Indictment • Waiver • Direct File

  14. Mandatory Direct File Age 16-17 • Second violent crime against person • Forcible felony • Great bodily harm or death while discharging firearm or during commission of specified offenses

  15. Mandatory Direct File at any Age Applied when: • There is serious bodily injury or death, • Child offender is in possession of stolen motor vehicle

  16. Mandatory Direct File REPEALED!!! Florida CS/HB 7125  (2019)

  17. Florida State Attorney Has sole discretion, in most instances, to decide whether to direct file a case.

  18. Discretionary Direct File Sole discretion of State’s Attorney Child 14 or 15 For any of 19 specified offenses.

  19. Discretionary Direct File Sole discretion of State’s Attorney Child 16 or 17 • For any felony • For misdemeanor, in some cases

  20. Direct File The Issues

  21. 98% of Children in Adult Criminal Court were referred through Direct File.

  22. Florida & Direct File • Florida prosecutes more children than any other state • Over 14,000 children since 2009

  23. Racial Disparity Children of color constitute: • 67% of children arrested • 77% of children prosecuted as adults

  24. Children Tried as Adults: Consequences • More likely to reoffend • More likely to attempt or die by suicide • More than 70% receive adult probation

  25. Life Changing Felony Record • Housing • Employment • Education • Military Service • Voting

  26. Direct File The Science

  27. The Adolescent Brain • In adolescents, the frontal lobe of the brain is not fully developed. • It may not fully develop until after age 20. • Frontal lobe regulates planning, decision making, judgement and impulse control.

  28. Adolescents LESS Likely To: ???

  29. Direct File Reform The System

  30. Reform Due Process • Involve judge • Judge determines pretrial housing • Eliminate Direct File for 14 and 15-year olds • Reduce Direct File offenses for 16 and 17-year olds • Set age limit at 14 for indictments

  31. Florida 2017 Public Opinion • 70% believe judges should decide whether to prosecute as adult • 74% believe children should stay in juvenile justice system

  32. What Can YOU Do? TAKE ACTION! Make Your Voices Heard

  33. THANK YOU! Questions?

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