NCJ Number
15796
Journal
University of Florida Law Review Volume: 26 Issue: 2 Dated: (WINTER 1974) Pages: 300-310
Date Published
1974
Length
11 pages
Annotation
EXAMINATION OF STATUTORY PROVISIONS OF THE STATE'S JUVENILE COURT SYSTEM WHICH, THE AUTHOR CONTENDS, CREATE TENSION AND OVERLAP WITH THE CRIMINAL COURT SYSTEM.
Abstract
FLORIDA'S JUVENILE COURT ACT PERMITS BOTH THE WAIVER OF JURISDICTION OVER FELONY OFFENDERS BY THE JUVENILE COURTS AND THE TRANSFER OF JUVENILES CHARGED WITH SERIOUS FELONIES TO CRIMINAL AUTHORITIES BY GRAND JURY INDICTMENT. IN ADDITION, JUVENILES ACCUSED OF FELONY VIOLATIONS MAY BE INDICTED SUBSEQUENT TO THEIR ADJUDICATION OF DELINQUENCY. THE AUTHOR DISAGREES WITH THE 1972 DECISION OF THE FLORIDA SUPREME COURT IN STATE V. R E F THAT THE DOUBLE PROCEEDINGS DO NOT CONSTITUTE DOUBLE JEOPARDY AND SUGGESTS THAT PROVISIONS OF THE UNIFORM JUVENILE COURT ACT BE INCLUDED WITHIN FLORIDA'S JUVENILE COURT RULES. THIS ACT PROVIDES THAT: (1) NO EVIDENCE OBTAINED IN OR OFFERED IN AN ADJUDICATORY HEARING MAY BE INTRODUCED IN A SUBSEQUENT PROCEEDING; (2) A WAIVER DETERMINATION BY THE JUVENILE COURT MUST TAKE PLACE BEFORE A PETITION ALLEGING DELINQUENCY IS HEARD ON THE MERITS; (3) NO CHILD MAY BE PROSECUTED FOR ANY OFFENSE COMMITTED BEFORE THE AGE OF EIGHTEEN UNLESS JURISDICTION IS PROPERLY WAIVED BY THE JUVENILE COURT. ALSO RECOMMENDED IS REPEAL OF THE STATE TRANSFER THROUGH INDICTMENT PROVISION. (AUTHOR ABSTRACT MODIFIED)