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1. List 3 of the Due Process rights that the court held are required in an adjudicatory hearing alleging delinquent conduct where the juvenile may be subjected to a loss of freedom? 2. Read pages 14-15 on Pretrial Detention from the document below:
Review Florida Satute 985.26 below:
985.26 Length of detention.—
(1) A child may not be placed into or held in detention care for longer than 24 hours unless the court orders such detention care, and the order includes specific instructions that direct the release of the child from such detention care, in accordance with s. 985.255 (Links to an external site.). The order shall be a final order, reviewable by appeal under s. 985.534 (Links to an external site.) and the Florida Rules of Appellate Procedure. Appeals of such orders shall take precedence over other appeals and other pending matters.
(2)(a) Except as provided in paragraph (b) or paragraph (c), a child may not be held in detention care under a special detention order for more than 21 days unless an adjudicatory hearing for the case has been commenced in good faith by the court.
(b) Upon good cause being shown that the nature of the charge requires additional time for the prosecution or defense of the case, the court may extend the length of detention for an additional 9 days if the child is charged with an offense that would be, if committed by an adult, a capital felony, a life felony, a felony of the first degree, or a felony of the second degree involving violence against any individual.
Explain the court cases that are likely the basis for Florida’s 24 hour rule and 21 day rule in Florida Statute 985.26.
3. Read pages 17-19 on Arrest:
Adults are “Arrested”. Juveniles are “Taken into Custody.”
Explain the significance of these differences in terminology from a legal perspective.
4. Read pages 44-45 on Consent and Waiver.
If a juvenile gives consent to search, can an officer legally conduct a search without a warrant?
5. Read the following document:
Juvenile Death Penalty – Roper v. Simmons.pdf Download Juvenile Death Penalty – Roper v. Simmons.pdf
1) In the U.S., is it legal to impose the death penalty on offenders who were under the age of 18 when their crimes were committed?
2) Give two reasons that the Supreme Court Justice Kennedy stated for their opinion in Roper v. Simmons
*** Answer each question seperately***