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California’s Juvenile Justice System. A Presentation by Ed, Laura, Jenna, Jhalisa and Jordan. California. It is the most populated state in the U.S. Diverse ethnic culture makes it very unique A wealth of information is available on all aspects of the state
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California’s Juvenile Justice System A Presentation by Ed, Laura, Jenna, Jhalisa and Jordan
California • It is the most populated state in the U.S. • Diverse ethnic culture makes it very unique • A wealth of information is available on all aspects of the state • Juvenile enrollment in the system is falling, currently it is at about 1700 charged with serious offenses
The Juvenile Justice Process • A police officer has the discretion to decide where a juvenile goes after the arrest—whether to their parents or to a juvenile hall • The juvenile hall has the right to accept who they want, and due to overcrowding they generally only allow those that have committed violent crimes
Juvenile Justice Process continued… • The district attorney can choose to file a petition with the juvenile court, which is similar to filing a charge for an adult • The judge may also decide to transfer the juvenile to criminal court if they feel the juvenile is unfit to be adjudicated as juvenile due to the nature of their crime
Waiver Process • California leans heavily on judicial waiver • This system is under much debate, but seems to be working well if the records from the 1990’s are any indication • It has not produced an increase in juveniles being sent to adult court, as some would assume • Prosecutorial power and judicial discretion lie at the heart of this system
Hicks vs. Khamisa Case http://www.tkf.org/index.htm
Hicks vs. Khamisa • “On April 11, 1996, I pled guilty to first-degree murder because I am guilty. I wanted to save the Khamisa family and my family from further pain.” –Tony Hicks • At the young age of 16, Tony was sent to New Folsom, California State Prison in Sacramento.
Change of Thought • In April 1996, Tony Hicks (at age 15) accepted responsibility and pled guilty to killing Tariq Khamisa. He received a 25-year-to-life sentence in an adult prison.
California on Juvenile Justice • The public sees assault, robbery, manslaughter and attempted murder as serious crimes for which juveniles deserve to be sent to criminal court • CA Superior Court Judge Diane Northway said of a 15 year old who killed a raped a woman: “These are not the acts of a child, but that acts of a cruel and vicious murderer.”
California’s Philosophy • The state believes in using judicial waivers • Juveniles are being tried as adults but sentenced to the Division of Juvenile Justice to get treatment and help • This philosophy seems to be working as rates of rape and homicide have gone down over the 1990’s