CHILDREN AND THE LAW
...Delinquency Matters
......Transfer Hearings
.........Findings & Orders
............Fitness: Violent Crimes
6 Cards On This Topic:

District court committed plain error by re-sentencing a juvenile under the adult sentencing scheme—re-sentencing required under Federal Juvenile Delinquency Act.

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.

M's continuous sex abuse of child under PC 288.5, which necessarily includes violation of PC 288, is covered by W&IC 707 (b); even single violation of an enumerated offense while M was 16 years old supported W&IC 707 designation.

Minor who never held gun properly convicted of carjacking while armed with dangerous or deadly weapon within meaning of W&IC §707 (b)(25).

Juvenile fitness finding, required by statute forbidding certain juveniles from possessing firearms until age 30, can be implied.

Statement of reasons for finding of fitness must clearly articulate court evaluative process in applying criteria and not be in conclusory language.