For youth charged with a criminal offense or an act of crime and their seven & # 39; families, the criminal justice system in Florida can be a scary thought. Fear penalies potential as a result of the alleged crime excessively overloaded. However, some of this fear can be alleviated with a little more understanding of the system of juvenile justice in Florida, created specifically for the rehabilitation and supervision for young people (usually at the age of 18), facing criminal offsets.
Although the effectiveness of the state and # 39, S of the justice system for juveniles hotly contested Florida Statue 985.01 sets the initial intention to create an individual system especially for children. It says that the justice system of juvenile Florida was created to:
- The provision of judicial and other procedures to ensure due process and a fair hearing for good judgment and ensure public safety is still protected.
- Create an environment that promotes healthy social, emotional, intellectual and physical development for the welfare of children in the state and # 39; s custody or care.
- Provide a comprehensive assessment of the child and # 39; s needs and management administrator, discipline, punishment and treatment, respectively, with the protection of society and the community in mind.
- Provide compensation to the affected child and # 39; s criminal liability, if possible.
- Help strengthen the child & # 39; s communication with his family & # 39; it, or removal of the child from the custody of their parents, when a child & # 39; security or to the public can not be ensured. If a child is removed from his or her parents' temporary trustee, the court of juvenile justice to take care and educate the child after providing care. However, if the child is permanently deleted, the court will determine an alternate location, which can include a foster home, independent living program, approved by the family home or other options.
- Make sure that the judgment of the child, who allegedly committed the crime, or it was established that the crime was committed is done properly opinion, fairness and due process.
- Make sure that any child tried as an adult receives an appropriate sentence, rehabilitation, and justice.
The Legislature Florida even goes so far as to make the Florida Department of Juvenile Justice for the instruction of children in their care with the car & # 39; eray education and life skills. This, of course, many of the positives that are highlighted on the justice system in Florida. In practice, the benefits of these programs for children and seven & # 39; ads are associated with a show varying degrees of success.
Once the minor has been taken into custody for the alleged crime, he must pass an initial appearance, during which the determinant of the judge, when she should continue the prosecution. The agenda is then issued to the clerk or deputy clerk after a petition containing facts proving criminal allegations, which may serve to establish that a child has committed a crime when confirmed.
This call contains a copy of the petition, as well as the time and date of the hearing. It focuses on the child, the child's parents or any legal guardian or custodian of the child. Father or legal guardian or caregiver is required to produce the child in court within the stipulated time and place. Depending on the charges, the judge can also order the child to be taken into custody, serving the call immediately to law enforcement.
In situations where a person or location of the parent or guardian of the child is unknown after the search, the court appoint a guardian for the child's understudy. However, if the parents, custodian or guardian of a child simply selects Sun to obey summons, the court may order that the father, guardian or caregiver to be taken into custody immediately and show contempt for disobeying the initial agenda.
The clerk, deputy secretary, or the court may issue the agenda for the visit and the testimony of the alleged witnesses par with the production of records and & # 39 objects. These agendas may be submitted by agents Florida Department of Juvenile. Hence, the child goes to an arbitration hearing, during which a judge examines the evidence and come to a decision about the child's crime. This hearing will be held shortly after the petition was filed applications.
Case dismissed if the court finds that the child is not made a delinquent act in violation of Florida law. However, if the court finds that the child is actually committed a crime, he may enter an order setting out the facts and conclusions, but refrain from judgment on crime. This means that the court found the child offender, but does not condemn the child, if he or she does not violate certain conditions. The child can then be placed in an internship program under the supervision of the Department of Juvenile or other designated agency by the court. It may also include restitution of the victim, community service, curfew, drug testing, driver & # 39; s license suspension and other penalties deemed appropriate, such as the treatment of substance abuse.
In situations where the child does not comply with the rules set out in the court decision, the court may appoint a hearing to establish the absence of compliance, and enter a judgment of offenses.
In contrast to the general criminal court, the hearing is not held before a jury, and if it is determined that a child has committed a crime, the child found "criminal" rather than "guilty" or "convicted". Keep in mind, the prosecutor still has the same severity by provoking the child has committed an offense beyond a reasonable doubt. In addition, the child (or his legal representative) has the right to present evidence and cross-examine witnesses. The evidence that has been obtained illegally can not be used to prove the allegations.
It is useful to develop at least a basic understanding of the system of juvenile justice Florida. There are many other aspects of the system that are installed in Chapter 985 of the Florida Charter that are not covered here. Relevant aspects can be explained by the experience of defender protection of minors or additional studies. This knowledge can serve to help you or your loved one to make it through this process with reduced anxiety.