CHILDREN AND THE LAW
...Delinquency Matters
......Certification (Fitness) Hearings
.........Fitness Hearing: Procedures
 16 Cards On This Topic:
  • Motion to transfer minor to court of criminal jurisdiction; probation officer’s report; criteria.
  • 14 -16 yr. old minor who commits specified types of crimes may be subject to transfer to adult criminal court.
  • Child presumed fit for treatment as juvenile for most nonviolent offenses.
  • DA's decision to file charges against minor in criminal court is well within charging authority of executive branch — W&IC 707(d) is constitut'l under separation of powers doctrine.
  • Fitness hearing limited by general requirements of due process and fair treatment, but not strict rules of procedure or evidence.
  • Judicial finding of unfitness following a hearing is required before wardship petitions can be transferred to adult court—error to rely solely on DA’s decision to file charges in an unrelated murder case directly in criminal court.
  • As unfitness for juvenile court properly determined by judge, not jury, Apprendi and its progeny inapplicable.
  • Trial court committed harmless error by not requiring DA to file and prevail on PC 1170.17(c) before sentencing M in criminal court.
  • Minor's plea in crim. court did not require automatic transfer of any subsequent juvenile petition to criminal court.
  • Legislature intended list of crimes contained in W&IC 707 (b) to serve as a reference list and to apply to minors younger than 16.
  • At fitness hearing, primary focus is nature of M’s amenability to rehabilitation within juvenile justice system, not nature of pending charges.
  • To find minor fit, court’s order must recite findings as to each of (former) section 707(c)’s five criteria.
  • Allegation of commission of crimes listed under Welf. & Inst. Code §707 (b) results in presumption of minor’s unfitness, requiring proof by preponderance of evidence re all criteria to overcome.
  • Alibi evidence not relevant at fitness hearing since court would already have found People showed prima facie case of guilt.
  • Adults who are subject to juvenile court 602 petitions may move for fitness hearings.
  • Juvenile court may move for fitness hearing on own motion.


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