Juvenile Sentencing Advocacy Program
Juveniles transferred into the adult criminal justice system in Miami-Dade
County, Florida, were being processed just like adults, with little, if any,
attention being paid to assessing the underlying needs and strengths of the
youth and the potential for rehabilitation. These juveniles were (and continue
to be) transferred without the benefit of a judicial hearing. That means that
there has been no judgment by a neutral judicial officer that there are services
in the adult system for them, or that they are inappropriate for services in a
juvenile court. The result has been that over 97% of the transferred youths are
not sentenced to appropriate juvenile intervention and treatment programs
designed to prevent future criminality.
Although Florida law allows felony court judges to consider juvenile sanctions
in lieu of adult punishment for transferred juveniles, only 20 out of nearly
1200 transferred youth were sentenced to juvenile sanctions in 1998. While the
Public Defenderís Office recognized that adult sanctions may be appropriate for
some youths, the decision-making process was ineffective because salvageable
young people were not receiving minimally adequate attention at the sentencing
In response, the Public Defenderís Office established the Juvenile Sentencing
Advocacy Program (JSAP). The Public Defenderís Office worked with experts to
develop a comprehensive strengths-based assessment, improve advocacy for
juveniles charged as adults, and increase client access to effective programs.
This project was designed in furtherance of the Public Defender Office's
Anti-Violence Initiative (AVI). The AVI consists primarily of numerous
collaborations between the public defenderís office and governmental and
community organizations, service providers, and religious and academic
institutions. The AVI is directed toward effecting meaningful, lasting change in
clientsí lives, consistent with the defense function. This approach represents a
broad and novel perspective regarding defender client representation: helping
clients lead productive, law-abiding lives in order to reduce the number of
victims and prevent crime. Serving the best interests of indigent clients not
only safeguards constitutional rights, but promotes public safety. The AVI is
designed to improve public strategies, as well as individual case outcomes,
through research-based prevention and treatment methods.
The JSAP was designed and implemented to help affected juveniles and their
families as early as possible; raise and improve the level of sentencing
advocacy by defense attorneys; challenge the outlook and attitudes of courts and
prosecutors; provide research about effective programs; and, serve as a national
model for the effective representation of juveniles in adult court.
When the initial federal funding ran out, the Public Defender continued the
program because it was very effective. A disposition specialists and three attorneys in our juvenile division handle
cases of juveniles targeted by the State for prosecutorial transfer to adult
court. In addition, two disposition specialists and an attorney work on the
project in adult court.
As a result of the pilot project, the Public Defenderís Office:
- Developed a comprehensive client-specific assessment format that
includes the adolescentís developmental information.
- Intervenes early in prosecutorial transfer cases.
- Developed and provided specialized interdisciplinary training to
attorneys, social workers, judges, prosecutors, and other criminal justice
and public health professionals who interact with youth.
- Enhanced defense counselís ability to assess and address the actual
needs of the youth while meeting the concerns of the court and prosecution.
- Enhanced the quality of legal representation of transferred juveniles.
- Increased client access to effective programs.
Expanded linkages to community resources in an attempt to improve long-term
results for clients, their families and the community.
For additional information, please e-mail Gale Lewis
This project was supported by Grant No. 1999-DD-BX-0019 awarded by the Bureau of
Justice Assistance. The Bureau of Justice Assistance is a component of the
Office of Justice Programs, which includes the Bureau of Justice Statistics,
National Institute of Justice, the Office of Juvenile Justice and Delinquency
Prevention, and the Office for Victims of Crime. Points of view or opinions in
this document are those of the author and do not represent the official position
or policies of the United States Department of Justice.