This affidavit written by Legal Ethicist Abbe Smith outlines the ethical quandaries posed by Florida’s direct file transfer laws and calls into question the legality of such laws based on adolescent development research. The affidavit states in relevant part: “The prosecutorial practice of direct file plea-bargaining without defender/child knowledge of the case’s strengths and weaknesses…
This report from Human Rights Watch provides an overview of the impact of Florida’s direct file statute on youth tried as adults in the state. Additionally, the report contains recommendations to different systems practitioners and decisionmakers for ending the direct file practice. From the report: Florida transfers more children out of the juvenile system and…
This report from the Centers for Disease Control and Prevention provides a review of the effectiveness of laws and policies that facilitate the transfer of youth to adult court and ultimately, recommends against transfer to prevent or reduce violence. From the Summary: “The independent, nonfederal Task Force on Community Preventive Services (Task Force), which directs…
From the Introduction: This Article argues that empirical research and the stories of child-inmates undermine the justification for Florida’s policy of incarcerating children in adult prisons. Florida’s policy is not based on facts but on empty rhetoric, such as “Tough Love.” This Article will critique three arguments for incarcerating children in Florida prisons: (1) that…
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