1. Juvenile vs. Adult Differences in the Criminal Justice System
Juvenile Process
Juvenile vs. Adult Differences in the Criminal Justice System

2. Welfare & Institutions Code Section (W&I) 202(D) (in part):
Juvenile courts & other public agencies charged with enforcing, interpreting, and administering the juvenile court law shall consider the safety and protection of the public, the importance of redressing injuries to victims and the best interests of the minor in all deliberations pursuant to the chapter.

3. W&I 202(b) (In Part)
Minors under the jurisdiction of the court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive care, treatment and guidance consistent with their best interest that holds them accountable for their behavior and that is appropriate for their circumstance. This guidance may include punishment that is consistent with rehabilitative objectives of this chapter.

4. Punishment for Adults
“…the purpose of imprisonment for crime is punishment.” (Penal Code Section 1170(a)(1))

5. Adult vs. Juvenile Terminology
Defendant
Minor
Found Guilty
Petition Sustained
Plead
Admit
In Custody Arraignment
Detention Hearing
Trial
Jurisdictional Hearing
Sentence
Dispositional Hearing
Complaint/Information
Petition
In Custody
Detained

6. Arrest Need probable cause or warrant
Misdemeanor need not be committed in the officer’s presence (W&I 625(a))
Minors have a right to two phone calls within one hour of arrest (W&I 627(b))
Constitutional rights advisement needed (W&I 625(c))

7. Arrest Warrants Must have one of the below prerequisites (W&I 633):
Danger to self
Danger to others
Danger to property of others
Evading personal service
Minor’s whereabouts are unknown
Personal service upon minor has been unsuccessful

8. Probation Can handle all misdemeanors Informal Supervision
Mandatory DA Referrals
Felonies for 14 to 17 year olds
W&I 707(b) Offenses

9. Juveniles to Adult Court
Direct files
W&I 707 motions

10. Confidentiality of Juvenile Proceedings
W&I 676 Exception
Direct & Legitimate Interest Exception
Victim & Victim Support (W&I 676.5)

11. Trials
Judge, not jury
PC 26 Issues
True findings, not convictions

12. Miranda Issues Fare v. Michael C. (1979) 442 U.S. 707 W&I 625
Totality of Circumstances
W&I 625
LE must advise of rights post arrest
People v. Lessie (2010) 47 C.4th 1152
LE not required to treat request for dad as 5th Amendment invocation.

13. Subpoena Service (PC 1328) If under 18, Parent/Guardian must be served
If 12 or older, minor must also be served

14. Release of Juvenile Records (W&I 827)
Lists who has access (W&I 827(a)(1))
Includes district attorney
Includes any other person the juvenile court designates (W&I (a)(1)(P))
Need California Judicial Council Form
JV 570

15. Greene v. Camretta (2009) 588 F.3rd 1011
Court held that an in-school interview of a child sex abuse victim was an unconstitutional seizure in the absence of a warrant, court order, exigent circumstances, or parental consent.
OVERRULED

16. Education Code 49076(a)(9)
Allows DA access to pupil records without parental consent or court order if purpose is: 1. Conducting investigation to determine need to declare a person a Ward of the Court or; 2. Conducting investigation involving VOP.

17. Sixth Amendment
1. Texas v Cobb (2001) 532 U.S People v. Slayton (2001) 26 C.4th 1076

18. Questions?

19. Thank You! Rick Lewkowitz Supervising Deputy District Attorney
Sacramento County District Attorney’s Office
(916) (W)
(916) (Cell)