Legal Question in Criminal Law in Florida

ignorance of punishment

As with some juvenile cases, determinations on whether to try the juvenile as an adult are typically made on a case by case basis, so is it fair to punish a juvenile as an adult, if they have no knowledge that their actions could carry a much harsher adult penalty?


Asked on 7/30/07, 1:03 am

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: ignorance of punishment

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The severity of the crime determines whether or not a juvenile will be tried as an adult. Your question has been raised before and the courts have ruled that this is proper. It is not for an attorney to second guess the courts in this forum.

Scott R. Jay, Esq.

Scott R. Jay, Esq.

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Answered on 7/30/07, 9:24 am
Valerie Masters Valerie Masters, P.A.

Re: ignorance of punishment

Have you ever heard of the expression that ignornance of the law is not a defense? Well, the law calls for harsher penalties in some cases, so ignorance would not be a defense.

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Answered on 7/30/07, 6:08 pm
Nicolas Babinsky SealMyRecord.Com

Re: ignorance of punishment

Ignorance of the potential punishment by the juvenile is not a criteria of whether a juvenile should be charged as an adult.

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Answered on 7/30/07, 8:26 am


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