There are two criminal justice systems in the US–the adult and the juvenile. The adult system is geared toward punishment, public safety and rehabilitation. The juvenile system is directed towards treatment and rehabilitation, though public safety is a consideration as well.
Young minds are more susceptible to change before their minds mature. A juvenile charged with an offense has the benefit of intervention by schools, social service departments and other community-based organizations dedicated to their education and molding them into law-abiding and productive adults.
This occurs from a variety of factors, including family dysfunction, peer pressure, gang affiliations, mental illness and substance abuse. If an agency or social services organization becomes involved, juveniles can benefit if motivated and offered opportunities so as to avoid becoming an adult offender.
Any individual who commits a crime while under the age of 18 is subject to the juvenile justice system. When placed in juvenile hall, the prosecuting attorney or probation department may file a petition with the juvenile court.
However, there are serious crimes that if committed by a person at least 14 years of age, requires that they be tried as adults. There are 30 offenses under Welfare & Institutions Code 707(b) for which such juveniles can be tried as adults, including:
- Murder and voluntary manslaughter–if the juvenile directly killed the victim
- Rape if done with violence or threat of great bodily harm
- Lewd and lascivious acts with a child under 14 if done with violence or threat of serious bodily harm
- Forcible sexual penetration
- Arson causing great bodily harm or damage to an inhabited structure
- Use of a weapon in commission of a felony
- Drive-by shootings
In such cases, the prosecution can file charges in juvenile court to determine the juvenile’s fitness. The issues in a fitness hearing concern:
- The degree of criminal sophistication exhibited by the juvenile
- If the minor can be rehabilitated within the time allotted to the juvenile justice system’s jurisdiction (age 21 or age 25 if committed to the California Youth Authority)
- Prior criminal history
- If previous rehabilitation attempts were made
- Severity and circumstances of the offense
The circumstances under which a prosecutor may file for a fitness hearing are:
- The minor is at least 16 and has committed any offense
- The minor is at least 16 years of age and has been a ward of the court based on a prior felony offense and has committed at least 2 additional felonies since turning 14; in these cases the minor is presumed unfit for juvenile court
If the child is at least 14, the prosecution can file for a fitness hearing if the minor committed a crime for which an adult would be subject to death or life imprisonment, or personally used a weapon in committing a felony or committed any of the 707(b) crimes. If the latter, there must also be a showing of one of the following:
1. Commission of a prior 707(b) offense
2. Offense was gang-related
3. Offense was a hate crime
4. Victim was disabled or at least 65 years of age
Where the minor is presumed to be unfit and a prima facie case for unfitness has been made by the prosecution, the minor can offer evidence to show that he/she is amenable to treatment within the juvenile system, usually with the assistance of mental health testimony.
Minors who are at least 14 and commit murder with special circumstances or a violent or forcible sex offense must be tried in adult court.
The juvenile justice system handles misdemeanor and felony matters as well as status offenses. A status offense is one that can only be committed by juveniles such as curfew violations or truancy or chronic disobedience of their parents. Following the arrest of a juvenile, the police may simply take the minor to the parents and release him/her without further process. If taken to juvenile hall, which is operated by the probation department, a probation officer may elect to:
- Release the juvenile to the parents with a citation to appear in court
- Release the minor to the home with a probation program to follow
- Detain the juvenile and let a judge review the matter
There are two kinds of petitions that may be filed against the child:
601 Petition–filed by the probation department for a status offense. If sustained, the child becomes a ward of the court (under its jurisdiction) and is considered a “status offender.”
602 Petition–filed by the prosecutor for offenses that would be crimes if committed by an adult. If sustained, the juvenile becomes a ward of the court and is considered “delinquent.”
There are a number of hearings within a juvenile matter:
- Detention hearing to determine if the child should remain in custody until the case is resolved. This is required if the child is not released after 2 days. The hearing is scheduled within 3 court days.
- Fitness hearing to determine if the minor should be transferred to adult court or remain under the juvenile court’s jurisdiction.
- Pretrial or settlement hearing.
- Adjudication or Jurisdiction–the court hears the case at a trial to determine if the juvenile committed the offense.
- Disposition–sentencing if the court sustains the petition (finds the minor guilty).
- Review hearings–discusses the child’s progress
If the petition is filed in juvenile court and an adjudication hearing ensues, the juvenile can be tried before a judge only. Juveniles are not accorded jury trials and the proceedings are generally not open to the public.
If the petition is sustained, the court has several sentencing options:
- Community service
- Deferred entry of judgment
- Informal probation
- Formal probation–placement in a relative’s home, group home, residential treatment center or institution or probation camp
- California Division of Juvenile Justice (DJJ) commitment
These dispositions often require that the juvenile and parents participate in treatment or parenting programs. The juvenile must abide by a curfew and usually must submit to warrantless searches, random drug and alcohol testing and attend school without any unauthorized absences. Those juveniles who are not tried in adult camp and who committed serious felonies may be committed to the California Division of Juvenile Justice, previously known as the California Youth Authority or CYA, where education, training and treatment are provided up to the age of 25.
A juvenile disposition can have adverse consequences when you become an adult. If you commit an offense while an adult, the court can consider any juvenile adjudication in determining your sentence. If the juvenile offense was a 707(b) one, it could be a “strike” whereby a subsequent adult strike offense can double your sentence and a third subject you to life imprisonment. Sex crimes committed as a juvenile may require you to register as a sex offender and civil commitment if considered a sexual predator.
The Aizman Law Firm exclusively practices in California and specializes in criminal defense and DUI. We have a high level of experience with boith Adult and Juvenile cases and understand how to fight them. Hiring the right California Juvenile attorney is the absolute most important step in successfully fighting your case or helping your childs future. Contact the Aizman Law Firm at 818-351-9555 for a free confidential consultation and receive powerful representation.