NCJ Number
58705
Journal
Florida Bar Journal Volume: 52 Issue: 10 Dated: (DECEMBER 1978) Pages: 770-775
Date Published
1978
Length
6 pages
Annotation
A JUVENILE DIVISION JUDGE IN FLORIDA OUTLINES THE DEVELOPMENT OF THE JUVENILE JUSTICE SYSTEM IN THE UNITED STATES, AND DISCUSSES FLORIDA'S JUVENILE JUSTICE ACT OF 1978.
Abstract
THE CONSPICUOUS FEATURES OF THE FLORIDA JUVENILE JUSTICE ACT OF 1978 INDICATE AN INTENTION TO RETURN TO DEALING WITH JUVENILE DELINQUENTS AS THOUGH THEY WERE CRIMINALS, RATHER THAN TREATING THEM AS THOUGH THEY WERE DEFICIENT IN SELF-CONTROL. THE ACT INTRODUCES NOTHING NEW TO THE DISPOSITION POWERS IN JUVENILE CASES, AND THE CHANGES ARE NOT MAJOR. THE ONE FUNDAMENTAL CHANGE MAKES THE JUVENILE JUSTICE SYSTEM PUNITIVE IN PRACTICE, AND IMPOSES LIMITATIONS ON THE COURTS' DEALING WITH YOUTHFUL OFFENDERS. BY PLACING A LIMIT ON THE TERM OF A COMMITMENT MEASURED BY THE MAXIMUM SENTENCE FOR AN ADULT ON THE SAME OFFENSE, THE LEGISLATURE DECREED THAT JUVENILES WILL RECEIVE DETERMINATE SENTENCES. THIS IS A MAJOR DEPARTURE FROM THE INDETERMINATE TREATMENT MODEL USED BY THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES. ALTHOUGH THE NEW RULES WHICH REGULATE THE DISPOSITIONAL POWER OF THE JUVENILE COURT JUDGE WILL LOWER THE EXPECTATIONS ABOUT CURES FOR DELINQUENTS, THE RULES SHOULD MAKE JUVENILE PROCEEDINGS LESS ARBITRARY. SANCTIONS FOR YOUTHFUL OFFENDERS WILL BE MORE CONSISTENT WITH THE OFFENSE, USING CRIMINAL JUSTICE AS A PARADIGM, RATHER THAN REHABILITATION. UNLIKE THE SITUATION OF IN RE GAULT (1968), IN WHICH A JUVENILE WAS SENTENCED TO 6 YEARS OF CONFINEMENT FOR AN OFFENSE WHICH WOULD HAVE WARRANTED LESS SEVERE PUNISHMENT FOR AN ADULT, JUVENILE CASES AFTER THE 1978 ACT WILL APPROXIMATE ADULT CRIMINAL PROCEEDINGS. ADDITIONAL DISCUSSION CONCERNS LEARNING DISABILITIES AND DELINQUENCY. TABULAR DATA AND REFERENCES ARE PROVIDED.