Demanding Transparency:
The Unspoken Consequences of Florida's Juvenile Gun Legislation HB1181/SB1274
The recent legislative move in the Florida Legislature, particularly with House Bill 1181 and Senate Bill 1274, which propose to reclassify youth firearm possession from a misdemeanor to a felony, raises severe concerns about our prosecutors' and lawmakers' underlying intentions.
Given the data and Florida's judicial system framework, it's hard to believe that the prosecutors who introduced these bills are unaware of its potential consequences. This skepticism isn't baseless but is rooted in an understanding of how the justice system operates, especially regarding the direct file of juveniles. This bill could have far-reaching implications, particularly for marginalized communities, since black and brown children already constitute a significant portion of direct files and incarcerations in the state.
In addition to these concerns, the proposed legislation's handling of contraband within juvenile facilities—where mere possession of everyday items like cell phones and coins could lead to severe felony charges—further exacerbates the potential for unjust treatment. This aspect, alarmingly underdiscussed, stands to disproportionately impact already marginalized youth, escalating the stakes of an already critical debate on justice reform in Florida.
🚩Why hasn’t there been more comprehensive discussions among lawmakers and in meetings about the significant implications of this bill?
↪Direct File
🚩Florida's direct file statute, which allows for the transfer of juveniles to adult court, has been a long-standing issue of contention.
Direct filing is the prosecutor's decision in Florida, so wouldn't a prosecutor be well aware of the implications of changing this law from a misdemeanor to a felony? 🤔
The proposed bill's escalation to felonies for first-time offenses could likely increase these numbers, disproportionately affecting black and brown children. This is especially concerning given the existing racial disparities in juvenile prosecutions and incarcerations in the state.
The direct file system has been criticized for perpetuating crime by sending juveniles to adult prisons and burdening them with criminal records that hamper their future. Proponents of the system, citing public safety concerns, support a tough stance on juvenile offenders. This perspective, however, overlooks the potential for rehabilitation, the societal cost of incarcerating young people for extended periods, and systemic inequities.
The bill, sponsored and defended by Rep. Berny Jacques on grounds of public safety and juvenile accountability, raises questions about his understanding of the issue. He asserts that
“Florida has sufficient deterrence, prevention, and diversion programs,” a claim that seems misinformed or willfully ignorant when compared with other states' services and programming for vulnerable youth.
Improved, yes. Sufficient, no.❌
So, we're sending kids to prison for 15 years for phones now, huh? 🧐
🚩The bill's contraband section exacerbates these issues. 🚩
It proposes that introducing items like a cell phone, unauthorized clothing, or even a coin into a Department of Juvenile Justice facility could result in a second-degree felony charge, punishable by up to 15 years in prison. This is both unreasonable and unjust, considering these are minor infractions involving everyday items. Such punitive measures are misaligned with rehabilitation principles and fairness, reinforcing a pipeline disproportionately affecting minority communities and exacerbating racial disparities in the justice system.
Do the people of Florida want children to be sent to prison for 15 years for a coin, cell phone, or unauthorized clothing???🤔
Senator Martin's assertion in the Criminal Justice Committee meeting that the goal is to rehabilitate youth rings hollow in this context. How can rehabilitation be the objective when the system quickly funnels children into adult court and subjects them to harsh prison sentences? This approach ignores the root causes of juvenile delinquency, such as poverty, mental health issues, and substance abuse.
Rehabilitation is the goal. Oh, Ok. 🤔
You could have fooled us! 🧐
The data tells a different story. 💯
CLAIMS OF "PROTECTING CHILDREN"
The frustration grows as numerous lawmakers vocally advocate for 'protecting children,' yet this advocacy appears selective and not uniformly applied, especially concerning black and brown children. Lawmakers' claims of child protection seem insincere when juxtaposed with policies that disproportionately impact minority youth and favor incarceration over rehabilitation.
Say what? 🧐
Moreover, there's a contradiction in the legislative agenda that seeks to enhance penalties for juveniles with guns on one hand, while on the other, considers lowering the age for gun ownership.
This undermines scientific data and United States Supreme Court rulings acknowledging that the human brain doesn't fully develop until around the age of 24.
Are these people serious? 🤯
True protection of children means ensuring the well-being of all children, irrespective of their race or background. This includes addressing the root causes of issues faced by juveniles and providing equitable support and resources, rather than resorting to incarceration as the default solution. The goal should be to create laws that are informed, fair, and in the best interest of all children. Until then, their claims of protecting children ring hollow to those who see the disparities and contradictions in the current approach.
"Protecting children," blah, blah, blah...
Fixation on Enhancements
Instead of passing laws that disproportionately impact minority youth, Florida's legislature should focus on addressing the root causes of juvenile delinquency and investing in community-based interventions. Let’s invest more in mental health services, substance abuse treatment, and poverty alleviation, rather than in a system that seems more intent on incarceration than on rehabilitation. It’s time for a paradigm shift in how we approach juvenile justice – one that recognizes the potential for reform and growth in our young people, rather than condemning them to a life defined by their earliest mistakes.
Despite this, bill after bill focuses on enhancing penalties, with no significant measures to alleviate factors contributing to increased prison populations. Critical bills like
SB930
and
HB1041, addressing the unjust incarceration of about 1,000 children under an inequitable and unconstitutional law are overlooked and fall of deaf ears.
A decade of judicial appeals for legislative action to correct these injustices, affecting a relatively small number of individuals compared to Florida's vast prison population exceeding 85,000, yet efforts remain fixated on punitive measures. This persistent enhancement of penalties, without addressing the root causes or rectifying long-standing legal disparities, underscores a disregard for equity, genuine reform, and the well-being of those most vulnerable in the justice system.
❌Youth & the "Two-Strike" Law❌
State lawmakers also fail to consider Florida's “Prison Releasee Reoffender” two-strike law, which could take a juvenile’s felony history of introducing a cell phone as contraband into a DJJ facility and potentially result in death by incarceration for any subsequent legal involvement.
This law directs prosecutors to seek the maximum sentence for someone who commits a felony within three years of leaving prison, which often means a lifetime behind bars.
➡Read more about Florida's Two-Strike Law:
Why Florida has the most people serving life without parole | The Marshall Project
Prosecutors Use Florida’s Two-Strikes Law Against Black Men | The Marshall Project
‘Two Strikes’ and ‘Tutwiler’ from The Marshall Project and FRONTLINE Reveal Life Behind Bars | The Marshall Project
The lack of transparency from lawmakers regarding the full implications of House Bill 1181 and Senate Bill 1274 is troubling. 🚩
Given Florida's direct file statute, the potential consequences of these bills could be severe, particularly regarding the contraband issue. It raises concerns that these critical details are not being adequately communicated to other lawmakers and the public. The introduction and support of this bill, along with the broader issues plaguing our criminal justice system, highlights a dire need for intervention and raises serious questions about the objectives of our lawmakers and prosecutors.
Lawmakers have a duty to ensure that legislation is crafted and discussed transparently, with a full understanding of its potential impact. We must hold our elected officials accountable for the laws they propose and pass, ensuring they serve the best interests of all constituents, especially our vulnerable youth.
This isn't just about law and order; it's about the kind of society we want to build.
Who are you voting for? 🤔
These harsh realities underscore the urgent need for a thorough reevaluation of who we elect to office. 🚨
Florida's laws, with their draconian nature, demand legislators who are committed to genuine reform, rather than perpetuating a crisis by funneling more funding into an already strained system. It is imperative that voters take a hard look at candidates' stances on criminal justice and choose those who will prioritize addressing these critical issues. This current circus in Florida, a direct result of our electoral choices, underscores the urgent need to scrutinize who we elect to office. It's time for the public to look beyond televised promises, many of which diverge significantly from factual correctness.
Investigate their voting history on critical topics, be informed, and make educated decisions.
Don't just pick a name from a hat. The stakes are high, as demonstrated by the potential for youth to face 15 years in prison for minor infractions like possessing phones and coins. Our collective future hinges on our ability to elect officials who truly represent our values and the justice we seek for all, especially our youth. Only then can we hope to see a shift towards a more just and equitable legal system, one that truly serves the interests of all Floridians.
Florida in a nutshell:
✅Increase penalties and send more people to prison.
✅Overpopulated, understaffed prisons in a state of crisis.
❌Address underlying issues like poverty, mental health, substance abuse, trauma, etc.
❌Correct inequitable laws.
It's clear that the current path is unsustainable and unjust.
Wake up, wake up, it's the first of the month... 🎶
No, seriously, let's wake up and take action. 📞
It's critical for Floridians to voice their opposition to these drastic measures targeting our youth. This issue may not directly affect you today, leading you to scroll past and forget. But remember, by the time it does impact you or someone you love, it could be too late to act.
Don't be indifferent. Contact your lawmakers now, express your stance against imposing such severe penalties on our youth for minor infractions. Your involvement can make a difference in shaping a fairer, more just future for all.
Act before it's too late—don't be the person who only realizes the importance of these issues when they're personally affected.
⬇Find your lawmakers here:⬇
🗣 Hey A&E, Florida needs an intervention down here. Let's chat. 📞
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