court has failed in its mission in that it will not have the opportunity to rehabilitate the young wrongdoers. On the other hand, channeling cases into the adult system exposes defendants to the harsh consequences possible in criminal court sentencing [citations omitted]."1
Allowing a defendant to be tried in the criminal courts, rather than in juvenile court, requires a waiver of juvenile court jurisdiction, which can be accomplished either through judicial or prosecutorial transfer.2
Fitness hearings determine whether minors are "fit and proper subjects" to be dealt with under juvenile law. Those found unfit are sent to adult court for trial. Some defense counsel have concerns that fitness proceedings raise serious constitutional, procedural and philosophical questions.3
The underlying philosophy of the fitness statute -- which applies to those between the ages of 16 and 18 when the crime was committed -- is that minors charged with "adult" crimes should be treated as adults.4
A teenager is found to be unfit when the juvenile court determines that a he or she "would not be amenable to the care, treatment, and training program available through the faculties of the juvenile court."5
Under Section 707 of the Welfare and Institutions Code, the judge in fitness hearings must consider the following five factors in determining the fitness of a minor:
1. The minor's degree of criminal sophistication;
2. Whether he or she can be rehabilitated by the end of juvenile court jurisdiction;
3. Previous history of delinquency;
4. Success of prior juvenile court attempts to rehabilitate;
5. Circumstances and gravity of the alleged crime.
Defense counsel find the fifth criterion problematic. Minors are presumed unfit (and are tried as adults) if they are accused of any of 22 serious felonies listed in Wel. & Ins. Code ?707(b), ranging from murder to selling controlled substances. The focus is away from wha...