CHILDREN AND THE LAW
...Delinquency Matters
......Disposition
.........Probation & Wardship
............Improper Orders
 18 Cards On This Topic:
  • Lengthy, restrictive sentence given 14-yr. old vacated as both arbitrary and in direct contravention of rehabilitative purposes of Federal Juvenile Delinquency Act.
  • Juvenile offender may not be ordered to register as sex offender under PC 290 if his offenses are not among those listed in subdivision (d)(3).
  • Where juvenile court's order includes a maximum confinement term for M who is not removed from parental custody, the remedy is to strike the term.
  • Juvenile court erred when it changed its verdict on murder charge from 2d to 1st degree based on DA's incorrect argument that the court was compelled to do so by a CSC case.
  • To require D, adjudicated as minor, to register as sex offender would deny him EP—there is no such requirement for similarly situated offenders convicted of committing unlawful intercourse with person under 18 per PC §261.5(a).
  • Trial court exceeded jurisdiction in convicting juvenile sex offender adjudicated in TX of failure to register as PC 290 sex offender in CA.
  • Condition that U.S. citizen/minor not return to U.S. while on probation was unreasonable and impermissibly infringed upon him constit'l rights of freedom of travel, association and assembly.
  • Insufficient circumstantial evidence the rounds in gun were "live" for charge of possession of live ammo where no direct or opinion testimony they were live.
  • Trial court violated M's right to due process in failing to consider disposition per W&IC 725 (a) as punishment for exercising his right to adjudication.
  • Abuse of discretion to condition probation on M's maintaining "B" average where it was beyond his capacity and bore no relationship to his present or future criminality.
  • Auto burglary conviction not gang-related crime so as to merit gang registration condition.
  • Remand required for W&IC 726 finding where recital in minute order but no recommendation for removal of custody on statutory grounds nor signed order by bench officer.
  • As juvenile court neglected to impose conditions later reflected in minute order, case remanded for reasonable orders limiting M's conduct while in camp-community placement program.
  • M can't be required to register as gang member per Proposition 21 where record devoid of any facts supporting imposition of such duty.
  • Prejudicial error to raise issue of separate crime to revoke probation under amended W&IC 777 as burden of proof less rigorous under statute.
  • To condition probation on juvenile hall time, court must first adjudge M ward of the court and proceed under Welf. & Inst. Code §§725 (b), 726, and 730.
  • Juvenile court lacked statutory authority to order a juvenile to register as a narcotics offender.
  • Juvenile court may not impose discretionary probation conditions on M committed to CYA as rehabilitation is a function solely in hands of CYA after commitment.


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