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Saturday, March 6, 2010

Juvenils Do Not Get Fair Treatment Nor Have Any Rights

Juveniles No Longer Have Rights:



Under prop/21 Prosecutors no longer have to ask permission from
juvenile judges to send juveniles accused of certain serious felonies
straight to adult court leaving juvenile courts & judges out of the
juvenile proceedings.This has contributed to a large decline of youth
offenders from California youth authority and more into adult
court.Youth offenders charged as adults get longer sentences some
getting life without parole.+++++++++++++++++++++++++++It is time for
America to leave an overly punitive, counterproductive approach to
juvenile justice behind. But an improved system must address all of
the factors that cause delinquent and criminal behavior and provide
reliable avenues for rehabilitation. Only broad, concerted strategies
will bring lasting solutions. Jonathan F. FantonChicago, Aug. 20,
2008The writer is president, the John D. and Catherine T. MacArthur
Foundation._____________________________________Under Welfare and
Institutions code 707(a) a juvenile judge must evaluate:>>1>the
degree of criminal sophistication is exhibited by your child2>whether
your child can be rehabilitated before juvenile court jurisdiction
expires3>your childs previous deliquent history4>the success of
previous attempts by juvenile court to rehabilitate your child5>the
circumstances and gravity of the offense alleged to have been
committed by your child____________________________________The
prosecutor can and they do every day,direct file against a juvenile,
thus taking these and all juvenile rights away from the minor.Given
their developmental imatureity, and encapacety to understand the
trial process, assist their attorneys, and make decisions that will
effect them for the rest of their lives, adolescents can not assit
adequately in their defense. Their incomplete development jeopardizes
the fundamental fairness of the ajudicative process.They truely are
not competent to stand trial. Defendants must be competant to stand
trial, having suffficient present ability to consult with their
attorney with a reasonable degree of rational understanding,as well
as a factual understanding of the proceedings against them.This
includes making decisions about the waiver of important rights.If a
defendant is found incapable of making these decisions at any time
during the legal process from arraignment to adjudication and
sentencing,then the waiver of the constitutional rights during this
process may be invalidated.
---------------------------My comment>>
In my dealings with the law & courts in calif. The less a child
understands, the more isolated the police~ Da~& Courts make them.Taking away all their rights along with the parents.California is trying to do away with the juvenile system as much as possible, charging the kids as adults, charging them with crimes more serious then they commited gets them into the prison system for indefinite
amount of time: ( They sentence someone to 25-life) Going in front of the parole board only to be denied. Juveniles In california have no rights, our goverment has made up its own laws & rules in which to follow.





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