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Constitutional Law

May 14, 2014

Bring back the 'fit and proper' hearing

Before a child is charged as an adult, should there be a hearing before an impartial judge to determine if the child is fit for juvenile justice?

Richard La Fianza

San Bernardino Public Defender's Office

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Kelly Byward

San Bernardino Public Defender's Office

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Before a child is charged as an adult, should there be a hearing before an impartial judge to determine if the child is fit for juvenile justice? This was what Californians did for most of our history. A juvenile defendant would have a "fit and proper" hearing before being charged as an adult.

At this hearing, the prosecutor would argue that the juvenile was not fit and proper for the juvenile justice system. The defense attorney would present evidence to the contrary. The judge,...

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