CHILDREN AND THE LAW
...Delinquency Matters
......Certification (Fitness) Hearings
.........Findings & Orders
............Fitness: Violent Crimes
8 Cards On This Topic:
  • In Welf. & Inst. Code §707 (b) crimes, court shall make findings of fitness in order.
  • Criteria for rebutting presumption of unfitness pursuant to Welf. & Inst. Code §707 (c).
  • District court committed plain error by re-sentencing a juvenile under the adult sentencing scheme—re-sentencing required under Federal Juvenile Delinquency Act.
  • Judicial finding of unfitness following a hearing is required before wardship petitions can be transferred to adult court—error to rely solely on DA’s decision to file charges in an unrelated murder case directly in criminal court.
  • M's continuous sex abuse of child under PC 288.5, which necessarily includes violation of PC 288, is covered by W&IC 707 (b); even single violation of an enumerated offense while M was 16 years old supported W&IC 707 designation.
  • Minor who never held gun properly convicted of carjacking while armed with dangerous or deadly weapon within meaning of W&IC §707 (b)(25).
  • Juvenile fitness finding, required by statute forbidding certain juveniles from possessing firearms until age 30, can be implied.
  • Statement of reasons for finding of fitness must clearly articulate court evaluative process in applying criteria and not be in conclusory language.