CHILDREN AND THE LAW
...Delinquency Matters
......Certification (Fitness) Hearings
.........Findings & Orders
............Unfitness: Violent Crimes
 12 Cards On This Topic:
  • Child presumed unfit for treatment as juvenile for specified violent offenses.
  • In Welf. & Inst. Code §707 (b) crimes, court shall make findings of unfitness in order.
  • Criteria for rebutting presumption of unfitness pursuant to Welf. & Inst. Code §707.
  • Criteria for rebutting presumption of fitness pursuant to Welf. & Inst. Code (former) §707 (c).
  • Ms’ actions in robbery/murder in Subway franchise had de minimis effect on interstate commerce so as to support RICO conspiracy charge and transfer to adult court.
  • The logic for recognizing an exception to the 2d Amendment for certain adult criminals extends to certain juvenile offenders as well.
  • Court cannot impose multiple enhancements where Ds charged with and convicted of only one crime that qualified for PC 12022.53 (d) enhancement.
  • Super. ct. not required to return case to juvenile ct. where M convicted of nonpredicate offenses but predicate offense dismissed.
  • Court cannot make true findings on W&IC §602 allegations, then order informal supervision under W&IC §654.2; findings and order inherently inconsistent.
  • Juvenile ct. may not retain pending case jurisdiction over minor who is also under jurisdiction of super. ct. as result of adult criminal prosecution after finding of unfitness.
  • Once minor found unfit, juvenile court may not exercise jurisdiction on pending charge; any subsequent juvenile matter reversed on appeal may be remanded to adult criminal court without double jeopardy bar.
  • Juvenile court must state reasons on record why minor unfit under juvenile law.


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