A Florida State subcommittee voted on Wednesday to approve Senate Bill 1082, which calls for judges to decide whether or not children under the age of 18 should be charged as adults. Currently prosecutors in the state exercise the power to make that decision and many children under 18 are charged as adults by the prosecutors' decisions. The Human Rights Watch urged the Senate and House of Florida to quickly vote on the bill and its companion, House Bill 783.
The House Bill needs to be voted on by two more subcommittees before it is put to a full vote. This process may take an indefinitely long time; HRW urged the state to hold hearings for the bill before April 21.
Florida's active "direct file" statute allows for the state's prosecutors to have nearly full "discretion to charge children 14 and older as adults", says the HRW. Almost all of the current youth that are transferred to adult court have been transferred without the "judicial oversight". Further, most of these children are charged as adults for non-violent crimes.
"Prosecuting a young person as an adult has far-reaching consequences for society as well as for the person involved. The Senate appropriations subcommittee has taken a smart and humane step by voting to place these decisions with a judge, not a prosecutor. The full Florida Senate and House should follow suit," said Natalie Kato of the Human Rights Watch.
A report released in 2014 by the Human Rights Watch indicates that over 12,000 children were transferred from juvenile to adult court systems in Florida. Compared to other states, Florida has a significantly higher rate of juvenile transfers to adult courts. The HRW also stated that International standards require children to be tried differently than adults. According to the report, children should be tried differently because of their capability to rehabilitate.
"Florida's legislature should grab this opportunity to place limits on prosecutorial discretion to charge youth as adults. This bill is a big step forward for public safety and justice, and deserves a "yes' vote from every Florida legislator," said Kato.
According to the HRW, charging children as adults has permanent effects on the individuals charged. Many studies indicate that charging children as adults increases their likelihood of committing more serious crimes later in life compared to children in the juvenile system, says the group.
