CHILDREN AND THE LAW
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Delinquency Matters
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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.