CHILDREN AND THE LAW
...Delinquency Matters
......Certification (Fitness) Hearings
.........Appellate Review
5 Cards On This Topic:
  • Review of fitness determination.
  • Juv. court’s findings that murder/robbery Ds fit for juv. law treatment as to circs and gravity of offenses and degree of criminal sophistication was abuse of discretion—not supported by substantial evidence.
  • Case of first impression: Under W&IC 707(d)(4), DA may file information challenging magistrate's finding of lack of reasonable cause on complaint filed in criminal court before transfer of case to juvenile court.
  • People’s writ petition, filed prior to commencement of W&IC 602 hearing and attachment of jeopardy, is timely.
  • Court erred in finding M fit for juvenile court by using its own gestalt "totality" test rather than making required findings of amenability under W&I §707(c) criteria.