CHILDREN AND THE LAW
...Delinquency Matters
......Certification (Fitness) Hearings
.........Fitness Hearing: Evidence Issues
9 Cards On This Topic:

Minor who voluntarily testifies falsely at trial may be impeached by statements made to probation officer in preparation for fitness hearing.

Minor’s statements to probation officer made in preparation for fitness hearing cannot be used as substantive evidence of guilt during subsequent trials; Ramona R. affirmed.

Where incriminatory statements offered to make prima facie case that M committed offense triggering presumption of unfitness, M may move to exclude and juvenile court must hold hearing and rule on admissibility of statements.

Juv. court entitled to consider firearm enhancement at sentencing even though allegation dismissed per plea bargain; evidence may include probation report.

Admission of extrajudicial statements of coparticipants, per Evid. Code §1230, did not deny D’s rights under confrontation clause.

Minor’s testimony at fitness hearing inadmissible at later criminal proceeding except for impeachment.

Prop. 8 did not change limited admissibility of minor’s statement at fitness hearing.

PO’s report and minor’s statement to PO are admissible at fitness hearing.

Alibi evidence not relevant at fitness hearing since court would already have found People showed prima facie case of guilt.