Florida is currently grappling with a deeply concerning issue: the incarceration of 2,638 individuals for offenses committed during their youth. This places Florida in the position of ranking 3rd in the nation for the number of individuals incarcerated since childhood.

In a significant development, Human Rights for Kids recently released a groundbreaking report in May 2023. This report, titled "Crimes Against Humanity – The Mass Incarceration of Children in the United States," sheds light on a distressing reality. The report reveals that more than 32,000 people across the United States are currently imprisoned for crimes committed during their childhood, signaling a grave concern. 

Within this context, Florida's situation is particularly alarming. The state confines 2,638 individuals who committed offenses as children, many of whom face disproportionately severe punishments. What's more, these individuals often lack opportunities for review or parole, perpetuating an unsettling cycle of injustice.

In the realm of international commitment to children's rights, the United Nations Convention on the Rights of the Child stands as a monumental agreement. Since 1989, global leaders have affirmed their dedication to children's well-being through this convention. Regrettably, the United States is an exception, as it remains the only nation that has yet to ratify the convention, despite signaling its intention to do so.

Florida's position in this regard is stark. It falls into Tier 4 – the lowest category – when assessed across 12 categories of law. This classification highlights Florida's concerning track record in upholding the human rights of children within the justice system.

Read Full Report

Florida's juvenile offender review laws are limited and discriminatory, granting review hearings only to a specific group of individuals. 

The law defines a "juvenile offender" as someone under 18 who committed a crime after July 1, 2014, leaving those who committed offenses before this date without the same opportunity. 

Notably, post-July 1, 2014, juvenile offenders, including those sentenced to life, are eligible for review hearings. However, pre-July 1, 2014, offenders serving terms of years (e.g., 20, 30, 40 years) are excluded from this process. 

This absence of a review mechanism or parole raises questions about equal treatment, particularly given the precedent set by the US Supreme Court's decisions in Graham/Miller, which emphasized the importance of review mechanisms for all youth.

This situation raises questions about fairness and compliance with constitutional standards, as well as the need for comprehensive reform to ensure laws are equitable and all youth have a review mechanism.

Read Florida §921.1402

The glaring disparities and inconsistent application of review mechanisms for juvenile offenders in Florida's justice system underscore the urgent need for intervention by appropriate authorities. Legislators, international bodies like the United Nations, or other governmental agencies must take action to address these unconstitutional practices that disproportionately and unfairly impact children.

FLORIDA COURTS HAVE CHANGED RULINGS ON KIDS WITH LENGTHY TERMS OF YEARS SENTENCES MULTIPLE TIMES SINCE 2014.

For several years Florida courts ruled that it was unconstitutional to send any

kid to prison without a review mechanism. However, Florida courts then changed

the ruling that this was unconstitutional, making the law selective and only applying to some children; Therefore, denying any type of reviews for kids that were sent to prison before 7/1/14, with terms of years sentences.

Pedroza 2020: 

"Confusing and Erroneous Language in Henry, Kelsey, and Johnson. While the foregoing conclusions resolve the narrow issue presented in this case, we recognize that there has understandably been “considerable confusion” in the district courts of this state—caused largely by confusing language and dicta in our prior decisions—as to when a juvenile offender’s term-of-years sentence requires resentencing under Miller or Graham. Hart, 246 So. 3d at 419 (addressing Graham). This confusion stems from statements made in Henry, Kelsey, and Johnson regarding juvenile term-of-years sentences without a review mechanism that invokes the protections of Graham and Miller. We address the problematic statements in each of these cases—Henry, Kelsey, and Johnson—in turn."

"We now recede from this test and hold that a juvenile offender’s sentence does not implicate Graham, and therefore Miller, unless it meets the threshold requirement of being a life sentence or the functional equivalent of a life sentence."

The intervention of legislative bodies or international organizations is necessary to establish clear guidelines and standards that protect the rights and futures of these juveniles, ensuring that they are not subject to arbitrary and unjust treatment.

Read more about Florida Youth Incarceration

Racial inequities in sentencing paint a distressing picture of Florida's justice system. 

Florida judges impose sentences that are 68 percent longer for Black individuals compared to their white counterparts with identical circumstances. This issue extends beyond Florida's borders. Nationwide, a staggering 80% of the 32,000 individuals currently incarcerated since childhood are Black. In Florida, out of the 2,638 individuals imprisoned for crimes committed during their youth, a concerning 74.1% are Black or Brown. The stark contrast between demographics is evident when considering the state's overall population. While Blacks comprise only 17% of Florida's population, those of color disproportionately represent over 50% of the state's prison population.

A poignant case, Graham v. Florida, brought to the United States Supreme Court, underscores the severity of these disparities. A Black child faced a life sentence without parole for a non-homicide offense, contrasting starkly with the state average of 5-10 years for the same crime. The justice system's tendencies toward disproportionate, excessive sentences for individuals of color are a harsh reality. Children, in particular, bear the brunt of these injustices, facing punishments that exceed mandatory minimums and sentencing scoresheet totals.

As we reflect on these realities, one question resounds: Is it justifiable to condemn a child to a life or 20-30-40-year sentence for a crime that merits only 5 years?

For an in-depth exploration of this pressing issue, I urge you to delve into the "BIAS ON THE BENCH" report by the Sarasota Herald Tribune. This report illuminates the profound racial disparities in sentencing perpetuated by Florida judges. Despite these concerns being brought to light in 2016, nothing has been done for the individuals currently incarcerated with excessive, disproportionate punishments.  This calls for urgent awareness and action.

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