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

Criteria to consider in transfer of jurisdiction hearing under W&IC §707

Ms’ actions in robbery/murder in Subway franchise had de minimis effect on interstate commerce so as to support RICO conspiracy charge and transfer to adult court.

The logic for recognizing an exception to the 2d Amendment for certain adult criminals extends to certain juvenile offenders as well.

Court cannot impose multiple enhancements where Ds charged with and convicted of only one crime that qualified for PC 12022.53 (d) enhancement.

Super. ct. not required to return case to juvenile ct. where M convicted of nonpredicate offenses but predicate offense dismissed.

Court cannot make true findings on W&IC §602 allegations, then order informal supervision under W&IC §654.2; findings and order inherently inconsistent.

Juvenile ct. may not retain pending case jurisdiction over minor who is also under jurisdiction of super. ct. as result of adult criminal prosecution after finding of unfitness.

Once minor found unfit, juvenile court may not exercise jurisdiction on pending charge; any subsequent juvenile matter reversed on appeal may be remanded to adult criminal court without double jeopardy bar.

Juvenile court must state reasons on record why minor unfit under juvenile law.