•Chapter 6
Juvenile Due Process and Jurisdiction Waiver Procedures
•Introduction
•Early philosophy of the court was one of “protection”
•When necessary, the court intervened in cases involving delinquency or wayward activities
•No need for constitutional protections
•1966 brought changes to the issue of juveniles in the criminal justice system
•Juvenile Due Process Cases
•Kent v. U.S., 1966
•1) Conviction was reversed
•2) A full investigation must be conducted of all the issues concerning “fitness”
•3) There must be a hearing with the minor present
•
•Introduction
•4) The minor has the right to an attorney to represent him or her at the hearing
•5) The attorney has the right to discovery
•
•Introduction
•6) Judge must state on the record the reason/s for waiving jurisdiction
•Significance of Kent case:
•1st time due process became a part of juvenile court proceedings
•Juvenile Due Process Cases
•In re Gault, 1967
•1) Conviction was reversed
•2) 5th Amendment applied in juvenile cases
•3) Most of the 6th Amendment also applied
•4) Extended Miranda warning to juveniles
•Juvenile Due Process Cases
•5) Right to notice of charges
•6) Right to an attorney
•7) Right to cross-examine witnesses
•8) Right to protection from
self-incrimination
•
•Juvenile Due Process Cases
•Juveniles do not have a 6th Amendment right to a public trial and a jury trial
•Standard of proof: Beyond a Reasonable Doubt
•Significance of In re Gault case: Constitutional protections accorded to adults and parens patriae philosophy of juvenile court
•Juvenile Due Process Cases
•In re Winship, 1970
•1) Case reversed
•2) The Court preserved the civil and protective nature of the juvenile court
•3) Court upheld the “innocent until proven guilty” doctrine
•4) “Proof beyond a reasonable doubt” required in juvenile cases
•
•Juvenile Due Process Cases
•McKeiver v. Pennsylvania, 1971
•1) Conviction upheld
•2) Juveniles not entitled to a jury trial
•3) Proceedings are still civil in nature
•4) States may enact their own
legislation to allow jury trials
•5) CA does not allow jury trials
•Juvenile Due Process Cases
•Breed v. Jones, 1975
•1) The double jeopardy clause applies in juvenile proceedings
•Juvenile court must waive jurisdiction before the adjudication proceeding
•Jurisdiction Waiver Procedures
•Section 707 WIC has been amended from time to time
•Proposition 21 allowed for additional opportunities for direct prosecution in criminal court
•There are three ways by which juvenile court jurisdiction over a minor may be waived for the minor to be tried as an adult
•Jurisdiction Waiver Procedures
•Legislative waiver
•Juvenile court has no jurisdiction over certain offenses committed by minors age 14 or older
•Set by legislative law
•Jurisdiction Waiver Procedures
•Direct filing
•Prosecutor has the discretion to by-pass juvenile court and file certain cases in adult criminal court
•Set by statute – offenses
•Jurisdiction Waiver Procedures
•Judicial waiver
•Uses a fitness hearing procedure in juvenile court as mandated by the Kent Case
•The Judicial Waiver
•Fitness Hearing Categories
•A judicial waiver results from the findings of a special hearing to determine whether a minor is fit to remain within the jurisdiction of the juvenile court
•Fitness Hearing Categories
•The juvenile court may conduct a fitness hearing:
•At the request of the district attorney
•For any minor age 16 or 17
•Who is alleged to fall under 602 WIC – a criminal law violator
•Fitness Hearing Categories
•Originally, the minor was presumed to be fit; the burden of proof (unfitness) was on the prosecutor
•Now, if the minor has two prior adjudications for delinquency (felony) since turning 14, the minor is presumed to be unfit; he or she has the burden of proof regarding their fitness (juvenile)
•Fitness Hearing Categories
•There are two special “fitness” categories in 707 WIC – Both shift the burden of “fitness” to the minor
•Fitness Hearing Categories
•1) 1st category is for minors 16 and 17
•2) If, alleged to have committed any one of the more than 25 serious or violent offenses, he or she qualifies for a fitness hearing
•Originally called the “Dirty Dozen”
•Fitness Hearing Categories
•1) 2nd category is for minors ages 14 and 15
•2) Minor is alleged to have committed a serious or violent offense(s) in 707 WIC
•The Fitness Hearing
•Process begins when a petition is filed in the juvenile court by the District Attorney
•Alledging 602 offenses
•Requesting minor to be declared a ward of the court
•The Fitness Hearing
•If the minor is to be tried as an adult, the District Attorney requests a fitness hearing
•Must be held before the adjudication hearing begins
•This action complies with the Breed decision
•The Fitness Hearing
•Once the motion is made, the court shall order the probation officer to investigate and submit a:
•Probation report on the behavioral patterns and social history of the minor
•This is known as a Fitness Report
•The Fitness Hearing
•Fitness hearing date set
•Minor and his or her parents are advised of their rights to have an attorney represent the minor
•One can be appointed if they are indigent
•Criteria for Fitness
•Judge hears all of the evidence
•Must consider five criteria
•(1) Degree of criminal sophistication
•(2) Previous delinquent history
•(3) Success at any previous attempts to rehabilitate
•Criteria for Fitness
•(4) Circumstances and gravity of the alleged offense
•(5) Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction
•Criteria for Fitness
•Each case allows for interpretation and judgment to be exercised by the judge
•Any or all factors are to be considered
•All parties must appear in court as scheduled
•Minor must be represented by counsel
•Counsel has access to discovery, the probation report, and other information
•Judicial Findings of Fitness
•After hearing all the evidence the court may find the minor is “not a fit” and proper subject under the juvenile court
•The minor would not be amenable to:
•Care
•Treatment
•Training program
•Judicial Findings of Fitness
•From that moment on, they are an adult for criminal prosecution
•May have a jury trial
•May receive an adult sentence
•Complaint may be filed in adult court
•Judicial Findings of Fitness
•Juvenile becomes eligible for bail or personal recognizance release
•If not released, they will be held in juvenile hall, unless they are 16 or older and it would endanger the safety of others in juvenile hall
•Judicial Findings of Fitness
•If he or she turns 18 in juvenile hall, they may be delivered to the sheriff
•May be kept in juvenile hall if in the “best interests” of the minor (as determined by court)
•Judicial Findings of Fitness
•If he or she is found to be “fit” to remain in juvenile court, the matter continues there
•“Fitness” reports by the probation officer are destroyed
•May not be used against the minor in any other proceeding
•Judicial Findings of Fitness
•Once a finding of “unfitness” is found and the minor is convicted in criminal court, he or she is presumed to be “unfit” for any other juvenile proceedings
•Judicial Findings of Fitness
•6 years must elapse before a juvenile can petition the court for their record to be sealed
•Once sealed, it is as if the offense/s never occurred
•Juvenile does not suffer any liability as a result
•Alternative Waiver Procedures
•Legislative Waiver
•If a minor is 14 or older
•Alleged to have committed one or more of the following violations
•The case must be handled on the basis of a complaint or grand jury indictment
•Charges are filed in criminal court
•Legislative Waiver
•187 PC – murder with special circumstances (capital murder) if the minor personally killed the victim
•A “one-strike” sex offense (present with a prior if the minor personally committed the offense
•These cases completely bypass the jurisdiction of the juvenile court
•Legislative Waiver
•These minors must be detained in juvenile hall during the prosecution phase
•If convicted, they are committed to CYA
•Juveniles 16 and 17 can be sent to CYA or the prison located in Tehachapi
•Issue: Can’t vote, but can go to prison?
•Direct Filing Procedures
•707(d) WIC – direct filing provisions
•District attorney has the discretion to file a criminal complaint in adult court
•District attorney has the discretion to file an allegation of delinquency in juvenile court
•Direct Filing Procedures
•707(d)(1) WIC
•If a minor is 16 or older
•Alleged to have committed a violation of the offenses listed in 707(b) – serious and violent felonies
•District attorney may file directly to the court of criminal jurisdiction
•Direct Filing Procedures
•707(b)(2) WIC
•If a minor is 14 or older
•Alleged to have committed a violation of an offense punishable by life or execution if committed by an adult
•Alleged to have used a firearm in the commission or attempted commission of a felony
•Direct Filing Procedures
•Minor alleged to have committed a violation listed in 707(b) WIC the following applies:
•1) Minor has a prior finding of delinquency for an offense in 707(b) – serious and violent felonies
•2) The offense is a Criminal Street Gang offense
•Direct Filing Procedures
•3) The offense is a Hate Crime
•4) The victim is 65 or older
•Disabled (blind, deaf, paraplegic, quadriplegic, or confined to a wheel chair
•Disability was known or should have been known to the minor at the time
•Direct Filing Procedures
•707(d)(3) WIC
•If a minor is 16 or older
•Has a prior felony finding (1 or more)
•When the minor was 14 or older
•Any felony when the victim is 65 or older or is disabled
•Direct Filing Procedures
•A felony Hate Crime
•Any offense associated for the benefit, at the direction of, at the direction of, or in association with any criminal street gang
•Judge must find reasonable cause exists that the minor comes within provisions of 707(b) – serious and violent felonies
•
Juvenile Due Process and Jurisdiction Waiver Procedures
•Introduction
•Early philosophy of the court was one of “protection”
•When necessary, the court intervened in cases involving delinquency or wayward activities
•No need for constitutional protections
•1966 brought changes to the issue of juveniles in the criminal justice system
•Juvenile Due Process Cases
•Kent v. U.S., 1966
•1) Conviction was reversed
•2) A full investigation must be conducted of all the issues concerning “fitness”
•3) There must be a hearing with the minor present
•
•Introduction
•4) The minor has the right to an attorney to represent him or her at the hearing
•5) The attorney has the right to discovery
•
•Introduction
•6) Judge must state on the record the reason/s for waiving jurisdiction
•Significance of Kent case:
•1st time due process became a part of juvenile court proceedings
•Juvenile Due Process Cases
•In re Gault, 1967
•1) Conviction was reversed
•2) 5th Amendment applied in juvenile cases
•3) Most of the 6th Amendment also applied
•4) Extended Miranda warning to juveniles
•Juvenile Due Process Cases
•5) Right to notice of charges
•6) Right to an attorney
•7) Right to cross-examine witnesses
•8) Right to protection from
self-incrimination
•
•Juvenile Due Process Cases
•Juveniles do not have a 6th Amendment right to a public trial and a jury trial
•Standard of proof: Beyond a Reasonable Doubt
•Significance of In re Gault case: Constitutional protections accorded to adults and parens patriae philosophy of juvenile court
•Juvenile Due Process Cases
•In re Winship, 1970
•1) Case reversed
•2) The Court preserved the civil and protective nature of the juvenile court
•3) Court upheld the “innocent until proven guilty” doctrine
•4) “Proof beyond a reasonable doubt” required in juvenile cases
•
•Juvenile Due Process Cases
•McKeiver v. Pennsylvania, 1971
•1) Conviction upheld
•2) Juveniles not entitled to a jury trial
•3) Proceedings are still civil in nature
•4) States may enact their own
legislation to allow jury trials
•5) CA does not allow jury trials
•Juvenile Due Process Cases
•Breed v. Jones, 1975
•1) The double jeopardy clause applies in juvenile proceedings
•Juvenile court must waive jurisdiction before the adjudication proceeding
•Jurisdiction Waiver Procedures
•Section 707 WIC has been amended from time to time
•Proposition 21 allowed for additional opportunities for direct prosecution in criminal court
•There are three ways by which juvenile court jurisdiction over a minor may be waived for the minor to be tried as an adult
•Jurisdiction Waiver Procedures
•Legislative waiver
•Juvenile court has no jurisdiction over certain offenses committed by minors age 14 or older
•Set by legislative law
•Jurisdiction Waiver Procedures
•Direct filing
•Prosecutor has the discretion to by-pass juvenile court and file certain cases in adult criminal court
•Set by statute – offenses
•Jurisdiction Waiver Procedures
•Judicial waiver
•Uses a fitness hearing procedure in juvenile court as mandated by the Kent Case
•The Judicial Waiver
•Fitness Hearing Categories
•A judicial waiver results from the findings of a special hearing to determine whether a minor is fit to remain within the jurisdiction of the juvenile court
•Fitness Hearing Categories
•The juvenile court may conduct a fitness hearing:
•At the request of the district attorney
•For any minor age 16 or 17
•Who is alleged to fall under 602 WIC – a criminal law violator
•Fitness Hearing Categories
•Originally, the minor was presumed to be fit; the burden of proof (unfitness) was on the prosecutor
•Now, if the minor has two prior adjudications for delinquency (felony) since turning 14, the minor is presumed to be unfit; he or she has the burden of proof regarding their fitness (juvenile)
•Fitness Hearing Categories
•There are two special “fitness” categories in 707 WIC – Both shift the burden of “fitness” to the minor
•Fitness Hearing Categories
•1) 1st category is for minors 16 and 17
•2) If, alleged to have committed any one of the more than 25 serious or violent offenses, he or she qualifies for a fitness hearing
•Originally called the “Dirty Dozen”
•Fitness Hearing Categories
•1) 2nd category is for minors ages 14 and 15
•2) Minor is alleged to have committed a serious or violent offense(s) in 707 WIC
•The Fitness Hearing
•Process begins when a petition is filed in the juvenile court by the District Attorney
•Alledging 602 offenses
•Requesting minor to be declared a ward of the court
•The Fitness Hearing
•If the minor is to be tried as an adult, the District Attorney requests a fitness hearing
•Must be held before the adjudication hearing begins
•This action complies with the Breed decision
•The Fitness Hearing
•Once the motion is made, the court shall order the probation officer to investigate and submit a:
•Probation report on the behavioral patterns and social history of the minor
•This is known as a Fitness Report
•The Fitness Hearing
•Fitness hearing date set
•Minor and his or her parents are advised of their rights to have an attorney represent the minor
•One can be appointed if they are indigent
•Criteria for Fitness
•Judge hears all of the evidence
•Must consider five criteria
•(1) Degree of criminal sophistication
•(2) Previous delinquent history
•(3) Success at any previous attempts to rehabilitate
•Criteria for Fitness
•(4) Circumstances and gravity of the alleged offense
•(5) Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction
•Criteria for Fitness
•Each case allows for interpretation and judgment to be exercised by the judge
•Any or all factors are to be considered
•All parties must appear in court as scheduled
•Minor must be represented by counsel
•Counsel has access to discovery, the probation report, and other information
•Judicial Findings of Fitness
•After hearing all the evidence the court may find the minor is “not a fit” and proper subject under the juvenile court
•The minor would not be amenable to:
•Care
•Treatment
•Training program
•Judicial Findings of Fitness
•From that moment on, they are an adult for criminal prosecution
•May have a jury trial
•May receive an adult sentence
•Complaint may be filed in adult court
•Judicial Findings of Fitness
•Juvenile becomes eligible for bail or personal recognizance release
•If not released, they will be held in juvenile hall, unless they are 16 or older and it would endanger the safety of others in juvenile hall
•Judicial Findings of Fitness
•If he or she turns 18 in juvenile hall, they may be delivered to the sheriff
•May be kept in juvenile hall if in the “best interests” of the minor (as determined by court)
•Judicial Findings of Fitness
•If he or she is found to be “fit” to remain in juvenile court, the matter continues there
•“Fitness” reports by the probation officer are destroyed
•May not be used against the minor in any other proceeding
•Judicial Findings of Fitness
•Once a finding of “unfitness” is found and the minor is convicted in criminal court, he or she is presumed to be “unfit” for any other juvenile proceedings
•Judicial Findings of Fitness
•6 years must elapse before a juvenile can petition the court for their record to be sealed
•Once sealed, it is as if the offense/s never occurred
•Juvenile does not suffer any liability as a result
•Alternative Waiver Procedures
•Legislative Waiver
•If a minor is 14 or older
•Alleged to have committed one or more of the following violations
•The case must be handled on the basis of a complaint or grand jury indictment
•Charges are filed in criminal court
•Legislative Waiver
•187 PC – murder with special circumstances (capital murder) if the minor personally killed the victim
•A “one-strike” sex offense (present with a prior if the minor personally committed the offense
•These cases completely bypass the jurisdiction of the juvenile court
•Legislative Waiver
•These minors must be detained in juvenile hall during the prosecution phase
•If convicted, they are committed to CYA
•Juveniles 16 and 17 can be sent to CYA or the prison located in Tehachapi
•Issue: Can’t vote, but can go to prison?
•Direct Filing Procedures
•707(d) WIC – direct filing provisions
•District attorney has the discretion to file a criminal complaint in adult court
•District attorney has the discretion to file an allegation of delinquency in juvenile court
•Direct Filing Procedures
•707(d)(1) WIC
•If a minor is 16 or older
•Alleged to have committed a violation of the offenses listed in 707(b) – serious and violent felonies
•District attorney may file directly to the court of criminal jurisdiction
•Direct Filing Procedures
•707(b)(2) WIC
•If a minor is 14 or older
•Alleged to have committed a violation of an offense punishable by life or execution if committed by an adult
•Alleged to have used a firearm in the commission or attempted commission of a felony
•Direct Filing Procedures
•Minor alleged to have committed a violation listed in 707(b) WIC the following applies:
•1) Minor has a prior finding of delinquency for an offense in 707(b) – serious and violent felonies
•2) The offense is a Criminal Street Gang offense
•Direct Filing Procedures
•3) The offense is a Hate Crime
•4) The victim is 65 or older
•Disabled (blind, deaf, paraplegic, quadriplegic, or confined to a wheel chair
•Disability was known or should have been known to the minor at the time
•Direct Filing Procedures
•707(d)(3) WIC
•If a minor is 16 or older
•Has a prior felony finding (1 or more)
•When the minor was 14 or older
•Any felony when the victim is 65 or older or is disabled
•Direct Filing Procedures
•A felony Hate Crime
•Any offense associated for the benefit, at the direction of, at the direction of, or in association with any criminal street gang
•Judge must find reasonable cause exists that the minor comes within provisions of 707(b) – serious and violent felonies
•
