BIO

Sara is a Pre-Law Senior from Milton, FL, interested in Juvenile Justice and Human Rights. Sara is part of the University Honors Program, Honors Legal Scholars, and is the co-founder of the FSU Human Rights Cohort. Sara is currently interning in the Juvenile Division of the Leon County Public Defender's Office where she assists youth clients in delinquency proceedings. This semester, she will graduate Suma Cum Laude from Florida State University and will soon decide which law school she will attend in the Fall.

The Constitutionality of Florida's Direct File Policy: Transferring Children to the Adult Criminal Justice System via Prosecutorial Discretion

Abstract

My research consists of an overview of the Juvenile Justice System in the United States and an analysis of Florida's Direct File policy, which grants state prosecutors sole discretion in transferring children to the adult criminal justice system. With no judicial oversight or requirements, Direct File permits the arbitrary treatment of juveniles as adults by allowing state attorneys to retain unmitigated power. Using Supreme Court precedents, neuroscience, and a comparison of other state's transfer statutes, I assess the constitutionality of charging children as adults, focusing on the Fifth, Eighth, and Fourteenth Amendments. Given the statute's lack of implementation criteria, I analyze the geographic and racial disparities regarding which children are subject to Direct File across Florida's 20 judicial circuits. Finally, I discuss policy alternatives, such as more stringent restrictions on when children can be transferred, the opportunity for reverse waivers, and a review of the transfer decision by independent judiciaries.

Keywords: direct file, children, justice system, juvenile, florida