Frequently Asked Questions

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About the Mercy for Children Act

Q. What is the Mercy for Children Act?

A. The Mercy for Children Act is proposed legislation in Florida that would provide a second chance for individuals who were convicted as juveniles and have demonstrated rehabilitation during their incarceration by amending section 921.1402(1), Florida Statutes. Currently, this initiative could affect 175 prisoners in Florida.

Q. Who's behind Mercy4Children.org?

A. Freedom Force Florida (FFF) is the organization sponsoring this initiative and website.

Q. Why is it called the Mercy for Children Act?

A. While the affected prisoners are now adults, they were children when their crimes were committed. The name emphasizes this crucial fact. The U.S. Supreme Court has established that juvenile offenders deserve special consideration, recognizing that people can change significantly from their teenage years. Our proposed bill's name highlights this capacity for change and rehabilitation.

Q. Do you have legislative sponsors?

A. We just launched this campaign on November 28, 2024. Since we are in the initial stages of building support, we are actively seeking legislative sponsors. If you have connections with legislators sympathetic to this cause, please help us connect with them.

Q. Why is the Mercy for Children Act needed?

A. The Act is needed to correct a fundamental injustice: juvenile offenders sentenced under older statutes are subject to parole review processes that effectively guarantee they will die in prison, often with a "presumptive parole release date" set for the distant future - sometimes more than a century after their sentencing. In contrast, juvenile offenders sentenced under newer judicial review systems have a chance for release based on demonstrated maturity and rehabilitation, creating a significant disparity in outcomes for those who committed similar crimes.

Q. What is the key difference between parole review and judicial review for juvenile offenders in Florida?

A. Parole review, under older sentencing statutes, heavily weighs the seriousness of the crime and the offender's past record. This often results in extremely long presumptive parole release dates, effectively life sentences. Judicial review, established more recently, involves a hearing where the judge considers the offender's maturity, rehabilitation, and risk to society. If the juvenile demonstrates rehabilitation, the judge must release them on probation. This provides a more individualized assessment and a real opportunity for release.

Q. How does the Mercy for Children Act propose to fix the unequal treatment of juvenile offenders?

A. The Mercy for Children Act proposes to amend s.921.1402(1), Florida Statutes, so that the current judicial review process applies retroactively to all juvenile offenders. This would mean that all juvenile offenders, even those who were initially sentenced under the older parole system, would be eligible for a judicial review hearing where their individual circumstances are considered. Those who are on parole when the Act takes effect would be placed on probation.

Q. Why is the concept of a "meaningful opportunity for release" so important, and why do proponents of the Act claim Florida's parole system doesn't provide it?

A. The concept of a "meaningful opportunity for release" is key because the United States Supreme Court ruled that juveniles not sentenced to life without parole must have a genuine chance to demonstrate rehabilitation and be released at some point during their life. Proponents of the Act argue that Florida's parole system is structured such that the factors and criteria it uses do not offer real consideration of a juvenile's growth and transformation.

Instead, the system is dominated by consideration of the severity of the initial crime, meaning that, in many instances, parole becomes functionally impossible no matter how rehabilitated a juvenile becomes. Even where a juvenile is technically eligible for parole, the likelihood that they will be released is extremely low.

Q. What do the dissenting opinions in the Florida Supreme Court cases Michel v. State and Franklin v. State assert, and how does it relate to the Mercy for Children Act?

A. The dissenting opinions in those cases argue that Florida’s current parole system does not offer a meaningful opportunity for release as it does not appropriately consider the U.S. Supreme Court case Miller v. Alabama factors for individualized consideration, namely, a juvenile offender’s immaturity, potential for rehabilitation, and other factors associated with youth.

Instead, a focus on the seriousness of the crime and the offender’s past record dominates, rendering parole unlikely. The dissents emphasize the importance of resentencing under Chapter 2014-220, which allows a court to consider youth-related mitigating factors and impose sentences that reflect rehabilitation potential. These dissenting opinions highlight the very problems that the Mercy for Children Act seeks to solve, by arguing for an expanded application of judicial review instead of relying on parole.

How to Get Involved

Q. How can I help support this initiative?

A. You can help in several ways:

Q. Can I make a tax-deductible donation to support this cause?

A. While donations to FFF are not tax-deductible, all contributions are held in trust and used exclusively for organizational purposes, including website maintenance, promotional materials, and administrative expenses.

Future Initiatives

Q. Why aren't you addressing the age limit for juvenile offenders?

A. We're taking a strategic approach for two reasons:

  1. Focusing on current juvenile cases first reduces the financial impact on the state, making our initiative more likely to succeed
  2. Changing the age limit involves challenging established cultural norms, which requires additional resources and a separate campaign