Racial inequities in sentencing paint a distressing picture of Florida's justice system. We must stop racism and bias. 

To achieve racial equity, we must transform the way the justice system treats youth of color from their first interaction with a police officer and in every part of the system.

Black and Brown children should be prosecuted and sentenced the same as white children.

• 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, we 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.

Florida s.921.1402- Reviews for Juvenile Offenders- must be reformed.

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.

Over the past decade, Florida's §921.1402, a statute enacted in 2014 in response to landmark U.S. Supreme Court decisions in Graham v. Florida (2010) and Miller v. Alabama (2012) on juvenile sentencing, has been mired in ambiguity and inconsistent application. 

• For several years Florida courts ruled that it was unconstitutional to send kids to prison with no review mechanism. 
• Florida courts then changed the ruling that this was unconstitutional, therefore, denying reviews of kids sent to prison before 7/1/14 with terms of years sentences.

The year 2020 marked a turning point with the Pedroza v. State decision, which significantly narrowed the scope of juveniles eligible for sentencing reviews under §921.1402. This shift left many juveniles, particularly those with long-term term-of-years sentences, without the prospect of a review.

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 invoke 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."

As Florida courts continue to grapple with these issues, the call for legislative clarity and justice grows louder, emphasizing the need for a comprehensive overhaul of §921.1402 to ensure fair and consistent application of the law for all juvenile offenders. 

Courts have urged the Legislature to address critical issues in s.921.1402 for over a decade.

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.

• Florida's current laws for juvenile sentencing reviews are not inclusive of every child who was under 18 at the time of their crime. §921.1402
• Florida's current laws allow children who committed crimes after July 1, 2014, to obtain a review hearing.
• Florida's current laws allow juveniles who were sentenced to life in prison to have reviews.
• Florida's current laws do NOT allow children who committed crimes before July 1, 2014, (with term of years sentences) to obtain a review hearing.
• There is no parole in Florida.
• Florida law states that a "juvenile offender" is "defined" as one who was under 18 and committed a crime on or after 7/1/2014. 

o We MUST ensure equitable treatment, proportionality, and age-appropriate punishments for those currently incarcerated for crimes committed as children. 

We will only achieve true public safety when we promote everyone’s well-being and when young people have the opportunity to show maturity and rehabilitation.

o There are no statutory protections in place requiring children to consult with their parents, legal guardians, or legal counsel prior to waiving their Miranda Rights or being subject to a custodial interrogation for proceedings in either juvenile or adult court.

• § 985.565 Sentencing powers; procedures; alternatives for juveniles prosecuted as adults. (4) SENTENCING ALTERNATIVES.— (a) Adult sanctions.— 3. Notwithstanding any other provision to the contrary, if the state attorney is required to file a motion to transfer and certify the juvenile for prosecution as an adult under s. 985.556(3) and that motion is granted, the court must impose adult sanctions.

• States should ban mandatory minimum sentences for juveniles to restore judicial discretion, ensuring sentences consider the unique circumstances and rehabilitation potential of young offenders.
• Such reforms recognize the developmental differences between children and adults, emphasizing rehabilitation over punishment. 
• By eliminating mandatory minimums, judges can tailor sentences that reflect the nuances of each case, offering youth a chance for redemption and a path towards productive citizenship.
• Children must be sentenced to the lowest permissible sentence.
• Laws should prohibit courts from sentencing children above mandatory minimums or above sentencing scoresheet guidelines.
• Laws must consider that children are different than adults. 

o Pursuant to juvenile transfer laws and §782.04, a child may be convicted under the felony murder rule.

• Florida must abolish the felony murder rule for juveniles, which unjustly holds them accountable for homicide even if they did not personally commit the act of killing. This law, combined with juvenile transfer laws and §782.04, overlooks the fundamental principle that children have a distinct potential for reform and should not face severe adult penalties for actions they did not directly execute. It's imperative we adopt justice practices that acknowledge the developmental differences between youth and adults, emphasizing rehabilitation over punishment.

o As of 2023, 28 states now ban life without parole sentences for children.

o A sentence of death or life imprisonment without the possibility of release or parole shall not be imposed on any person who at the time of the commission of the crime was less than 18 years of age. As to such a person, the maximum punishment that may be imposed is life imprisonment with the possibility of release 

Those sent to prison as children must have specific programming available to assist in their successful transition into society. 

• Implementation of Pre-Release & Post-Release Programs specifically for those incarcerated as children.
• A 16-year-old going to prison for 20 years will have spent more time in prison than free.
• A 30-year-old sent to prison for 20 years will have spent more time free.
• Being sent to prison as a child differs greatly from when an adult is sent to prison. 
• Transition and reentry services reduce recidivism.

Instead of getting the support they need in the communities they come from, these young people are funneled through a system that is inhumane, unsafe, costly, and full of racial and ethnic disparities.

• Florida has led the U.S. in prosecuting children as adults, while Florida prosecutors choose to transfer children to adult courts. 

• 98 percent of youth prosecuted in adult criminal court in Florida are sent there by a prosecutor via a process known as “direct file.”

• State law allows prosecutors to charge 14- and 15-year-olds in adult court for any one of 21 specified felonies, and 16- and 17- year-olds for any felony at all. 

• The prosecutor's decision to send a child to adult court via direct file is not subject to judicial review and cannot be appealed.

• Florida is one of only 14 states that use direct file and only one of three that doesn’t give judges the ability to review cases transferred.

• In 2016, Florida direct filed more children than California, Texas, Pennsylvania, North Carolina, and Michigan combined.

• Black kids fare worse when it comes to being jailed as adults: 63% of youth who are direct filed are black — although black children make up only 22% of Florida’s public-school kids.

We must protect and treat our state's children fairly.

1. Florida should provide a review of prosecutorial direct files of youth to adult court.
2. Florida should only transfer children to adult court in rare instances of the most serious crimes.