Administrative Justice 008-ADJ008- Juvenile Procedures in California-Assignment 7

Double jeopardy is a procedural defense and a constitutional right, which forbids that a defendant be tried twice for the same crime.

 True 
 False 

The significance of “In re Winship, 1970” changed the standard of proof in juvenile court from “Preponderance of Evidence” to “BEYOND A REASONABLE DOUBT.”

 True 
 False 

The five criteria for fitness are:(1) The degree of criminal sophistication exhibited by the minor,(2) The minor's previous delinquent history,(3) The success of any previous attempts by the court to rehabilitate the minor, (4) The circumstances and gravity of the offense alleged, and (5) Whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction.

 True 
 False 

A "petition" is a legal document filed by the D.A. listing the allegations/charges against the minor.

 True 
 False 

An "enhancement" is additional confinement time added to an institutional commitment when a person is convicted of a gang crime. The amount of time is indeterminate, and at the discretion of the judge based on sentencing guidelines.

 True 
 False 

California's WIC Section 625(b) requires law enforcement officer to advise any minor taken into temporary custody of his/her constitutional rights regardless of the disposition.

 True 
 False 

A juvenile cannot be tried as an adult under any circumstances.

 True 
 False

A Waiver of Jurisdiction Hearing must be conducted prior to an adjudication hearing to avoid double jeopardy.

 True 
 False 

A Wavier of Jurisdiction hearing is the same as a Fitness Hearing.

 True 
 False 

Adult probation is a privilege not a right, so when accepting the grant of probation he/she is essentially giving consent to the search clause.

 True 
 False 

In a Waiver of Jurisdiction Hearing, certain procedures must be followed. Which of the following is incorrect?

	A.	A full investigation of all issues concerning fitness is conducted.
	B.	The minor does not have the right to be present at the hearing.
	C.	The minor has a right to an attorney at the hearing.
	D.	The attorney has the right to discovery.
	E.	The judge must state on the record reason(s) for waiving jurisdiction.

In McKeiver V. Pennsylvania, 1971, the court ruled that juveniles may request a trial by jury.

 True 
 False

In the 1967, New Jersey V. Lowry case, the U.S. Supreme Court extended the 4th Amendment protection to juveniles.

 True 
 False 

A wavier of jurisdiction means that the juvenile will be tried in the adult court system.

 True 
 False

The age for waiver of jurisdiction in California is 16 years old.

 True 
 False 

The Case law that created the Exclusionary Rule at the federal level is:

	A.	Mapp V. Ohio
	B.	People V. Burton
	C.	People V. Lara
	D.	Weeks V. U.S.

Juveniles that are found unfit and convicted in adult court are considered adults, and have all the rights of an adult including the right to vote and watch "R" rated movies.

 True 
 False

Originally, the minor was presumed to be fit and the burden to prove ''unfitness" rested with the prosecutor. Now the burden of proving fitness shifted to the minor.

 True 
 False 

The primary purpose of the fitness hearing is to decide whether the minor is fit to be tried in juvenile court. There is no testimony heard regarding the alleged offense at that time.

 True 
 False 

Who may make the motion for a fitness hearing?

	A.	The judge
	B.	The district attorney
	C.	The defense attorney
	D.	The court officer