Monday, December 13, 2010

Are too many children prosecuted as adults?

Currently local prosecutors have discretion as to whether or not to prosecute a child charged with a crime as an adult in certain instances. The Florida Bar's Legal Needs of Children Committee recently issued its report and recommended that Judges make all transfer decisions rather than the current practice. This report comes after a noticeable increase in the number of children prosecuted in adult court. The other issue noted in their report was whether or not coercive pleas are taken. The example observed is that a child may given the choice between pleading guilty and serving 9-18 months in juvenile detention or be prosecuted as an adult facing a life sentence and wait about 18 months in jail for trial in the interim. While being tough on crime is clearly a popular sentiment the question remains whether it is helpful or appropriate to push so many juveniles into the adult system. Unfortunately in our office we often see children acting out and sometimes getting into trouble with the law when the parents are in high conflict. Reducing that conflict so that parents are able to effectively co-parent not only benefits the parents but also the children and our society.