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5 Nova L.J. 487 (1980-1981)
Prosecutorial Waiver of Juveniles into Adult Criminal Court: The Ends of Justice ... or the End of Justice - State v. Cain

handle is hein.journals/novalr5 and id is 495 raw text is: I I Prosecutorial Waiver Of Juveniles Into Adult Criminal Court: The Ends of Justice ... Or The End of Justice? State v. Cain. The State of Florida appealed the decision of an Osceola County cir- cuit court which dismissed the prosecution of a juvenile in adult crimi- nal court. Mark Cain, a minor, had been charged with two counts of armed burglary, and two counts of grand theft. In his motion to dis- miss, Cain attacked the constitutionality of Florida Statute § 39.04(2)(e)4.1 This statute vests the state attorney with authority to prosecute juveniles, who are 16 years of age or older, in the adult crim- inal courts when they have committed two past delinquent acts, one of which was a felony.2 Cain contended that the statute unconstitutionally delegates to the state attorney unfettered discretion to prosecute juveniles as adults.3 Further, he argued that the statute violates due process of law in that juveniles are transferred to the adult criminal court system without a hearing. The circuit court agreed with Cain, granted his motion to dismiss, and held the statute unconstitutional.5 The state appealed. This case represents an attempt by the Supreme Court of Florida to decide whether the legislature can constitutionally vest the state at- torney with the power to terminate the juvenile court of its exclusive 1. State v. Cain, 381 So. 2d 1361, 1362 (Fla. 1980). 2. FLA. STAT. § 39.04(2)(e)4 (1979 & Supp. 1980): The State attorney may... with respect to any child who at the time of com- mission of the alleged offense was 16 or 17 years of age, file an information when in his judgment and discretion, ihe public interest requires that adult sanctions be considered or imposed. Upon motion of the child the case shall be transfered for adjudicatory proceedings as a child pursuant to s. 39.09(1) if it is shown by the child that he had not previously been found to have committed two delin- quent acts, one of which involved an offense classified under Florida law as a felony. 3. 381 So. 2d at 1362. 4. Id. 5. Id.

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