Juvenile Procedures and Rights Flashcards
6 cards from real FDLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Juvenile Procedures and Rights flashcards as text
Under Florida's Juvenile Justice Act (F.S. Chapter 985), at what age is a person automatically charged as an adult in Florida for any crime?
Answer: 18 years old
In Florida, persons 18 years of age or older are automatically charged in the adult criminal justice system. Juveniles are those under 18, handled in the juvenile justice system unless transferred.
When a Florida law enforcement officer takes a juvenile into custody, what is the primary distinction from arresting an adult?
Answer: A juvenile is 'taken into custody' not 'arrested,' reflecting the civil/rehabilitative nature of the juvenile system
In the juvenile system, the term 'taken into custody' (not 'arrested') is used because juvenile proceedings are civil in nature, focusing on rehabilitation rather than punishment.
A Florida officer needs to question a 15-year-old suspect in a burglary. Which Miranda-related rule applies?
Answer: Juveniles may waive Miranda rights without parental presence if they appear to understand them
In Florida, a juvenile may waive Miranda rights without parental presence if the waiver is knowing, voluntary, and intelligent — though age and maturity are factors courts consider.
Under the JJDPA, Florida juvenile facilities must comply with which requirement regarding housing juveniles with adults?
Answer: Juveniles must be kept separate from adult inmates — sight-and-sound separation — in any facility housing both adults and juveniles
The JJDPA's core requirement is sight-and-sound separation — juveniles must be completely separated from adult inmates with no visual or verbal contact.
Which Florida statutes govern the sealing and expungement of juvenile records?
Answer: F.S. §943.0515 and §985.04
F.S. §943.0515 and §985.04 govern the retention and destruction/expungement of juvenile records, allowing for automatic destruction of some records when the person reaches adulthood.
A school resource officer observes a student on school grounds suspected of possessing marijuana. What standard applies to a search of the student's backpack?
Answer: Reasonable suspicion that the search will reveal evidence of a violation of law or school rules
Under New Jersey v. T.L.O. (1985), searches by school officials (and SROs acting in that capacity) require only reasonable suspicion — lower than probable cause — that the search will turn up evidence of a law or school rule violation.