The Florida 6th District Court of Appeal reversed a youth’s adjudication of grand theft of a motor vehicle based on the State’s failure to prove ownership of the car involved. The Court stated in relevant part: “The delinquency petition charged J.N.S. with stealing Redenti’s “Nissan automobile.” But neither J.N.S.’s confession, witness testimony, nor other evidence established…
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The Third District Court of Appeals in Florida considered a writ of Habeas Corpus filed by petitioners India Comer and Shantearia Gaines, challenging their detention in an adult correctional center. The Court of Appeals granted the petition and issued the writ, ordering Ms. Comer and Ms. Gaines to be moved to the juvenile detention center.…
“Life without parole is the harshest sentence a minor can receive for a homicide offense. Florida is one of a few states that still allow this type of sentence for minors. This sentence violates the Eighth Amendment of the Constitution because it is a cruel and unusual punishment as it locks up a minor for…
Abstract: In the wake of Miller v. Alabama and its progeny, there has been a wider acceptance that juvenile’s need more protections in our judicial system. This is a result of a growing body of research stating that young people’s brains do not fully develop until the age of twenty-five. States across the country are…
This research report by the NAACP Legal Defense Fund provides an in-depth overview of the “At-Risk Youth Program” created by the Pasco County Sheriff’s Office in Tampa Bay, Florida. The Pasco County sheriff’s office relied on a “rudimentary, person-based predictive policing system” based on inherently biased criteria to identify young people who were “destined to…
Florida routinely pushes Black children out of schools and into a legal system with well-documented harms. In recent years, the state has made significant investments in school law enforcement and self-proclaimed “tough love” youth legal system policies, purportedly in the name of public safety. However, these investments have yielded a system that disparately disciplines, arrests,…
From the introduction: “This report focuses on individuals who were under the age of 18 at the time the sexual offense occurred and who were adjudicated delinquent in the juvenile justice system or tried and convicted in adult criminal court. While significant research shows the ineffectiveness and harm of registration for individuals who were 18…
This research report provides an overview of and recidivism rates for a unique multidisciplinary intervention program for youth charged with weapons offenses (GATE/JWOP Program). The report discusses the study methods, 6- and 12-month recidivism rates for the studied cohort, and potential for expansion of the program to applicable state and national jurisdictions. From the Discussion…
On November 15, 2018, a joint settlement was reached to address the conditions of confinement in Florida’s Palm Beach County Jail. The settlement agreement outlines comprehensive changes in the facility, including giving young people time and access to appropriate recreational activities outside of their cells during school hours. The settlement also limits the amount of…
On October 1, 2018, the DOJ filed a Statement of Interest in a federal class action lawsuit on behalf of young people confined in Florida’s Palm Beach County Jail. The DOJ highlights the protections afforded to students with disabilities under the Individuals with Disabilities Education Act (IDEA), and the “independent and shared” responsibilities and obligations…
On June 21, 2018, a federal class action lawsuit was filed on behalf of young people confined in the Palm Beach County Jail, alleging violations of their 8th and 14th Amendment rights under the U.S. Constitution. The plaintiffs are youth whose cases have been direct-filed in adult court in Palm Beach County, Florida. The complaint…
