NCJ Number
52505
Journal
Pepperdine Law Review Volume: 5 Issue: 3 Dated: (1978) Pages: 741-768
Date Published
1978
Length
28 pages
Annotation
POWERS AND DUTIES OF PROSECUTORS IN THE JUVENILE COURT SYSTEM ARE EXAMINED AS THE PROSECUTORS' ROLE HAS CHANGED FROM COURT ADVISOR TO STATE'S TRIAL ATTORNEY.
Abstract
AN INCREASE IN THE COMMISSION OF SERIOUS CRIMES BY CHILDREN HAS CAUSED THIS CHANGE IN THE ROLE OF PROSECUTORS FROM ADVISORS TO STATE'S TRIAL ATTORNEYS. PROSECUTORIAL PARTICIPATION IN THE JUVENILE COURT SYSTEM IS A UNIQUE EXPERIENCE DUE TO THE AGE, EMOTIONAL IMMATURITY, COMMUNITY ORIENTATION, AND PERSONALITY OF JUVENILE OFFENDERS. THE CALIFORNIA BUSINESS AND PROFESSION CODE ESTABLISHES GENERAL DUTIES APPLICABLE TO ALL ATTORNEYS, INCLUDING PROSECUTORS, AND PROVIDES SANCTIONS FOR VIOLATION OF THESE DUTIES. AS PART OF THE OVERALL CRIMINAL JUSTICE PROCESS, THE PROSECUTOR'S ROLE IS AS FOLLOWS: PROTECTING SOCIETY FROM INDIVIDUALS WHO POSE A DANGER TO OTHER PERSONS OR PROPERTY; DETERRING INDIVIDUALS FROM POSING A SIMILAR DANGER IN THE FUTURE; PUNISHING INDIVIDUALS FOR FAILING TO FULFILL THEIR RESPONSIBILITY TO OBEY LAWS; AND REHABILITATING INDIVIDUALS. IN JUVENILE COURT, THE POWER AND AUTHORITY OF THE PROSECUTOR IS NOT ALWAYS CLEARLY DEFINED. THE PROSECUTOR MUST INTERACT WITH SEVERAL AGENCIES, SOME NONLEGAL, IN HANDLING JUVENILE MATTERS. JUVENILES CAN BE BROUGHT BEFORE THE COURT THROUGH DEPENDENT CHILDREN PETITIONS, STATUS OFFENDER PETITIONS AND DELINQUENT PETITIONS. THERE SHOULD BE SOME DEGREE OF CONTACT OR COMMUNICATION BETWEEN PROSECUTORS AND PROBATION OFFICERS. IN PLEADING A PETITION, THE PROSECUTOR EXERCISES CONSIDERABLE DISCRETION. ENHANCEMENT CLAUSES MAY AFFECT THE ULTIMATE DISPOSITION OF A JUVENILE PETITION. SUCH CLAUSES SERVE SEVERAL FUNCTIONS: TO SET APART MORE SERIOUS CRIMES; TO ILLUMINATE THE DEGREE OF PARTICIPATION BY COPARTICIPANTS; TO CHARACTERIZE FOR THE COURT THE POSTURE TO BE TAKEN BY THE PROSECUTOR IN A CASE; TO ESTABLISH THE MAXIMUM TIME A JUVENILE MAY BE HELD IN CUSTODY; AND TO PLACE THE DEFENSE COUNSEL ON NOTICE OF A POSSIBLE '707' MOTION IN CASES WHERE A JUVENILE WAS 16 OR 17 YEARS OF AGE AT THE TIME A CRIME WAS COMMITTED. CERTAIN FORMS OF JUVENILE MISCONDUCT ARE OF SUCH GRAVITY THAT THE PROSECUTOR MAY CONSIDER HAVING A JUVENILE TRIED IN ADULT COURT. IN DETERMINING WHETHER TO SEEK A FITNESS HEARING, THE PROSECUTOR MUST BALANCE A JUVENILE'S PRIOR HISTORY AGAINST THE STRENGTHS OF THE CASE. IT IS OFTEN THE JUVENILE WHO PREFERS ADULT COURT OVER JUVENILE COURT, ESPECIALLY WHERE THERE IS A PRIOR HISTORY OF REPRIMANDS, PROBATION, AND RELEASES. WHEN DETERMINING ACTION AGAINST A JUVENILE ALREADY ON PROBATION, THE PROSECUTOR MAY MODIFY PROBATION BASED ON A CHANGE OF CIRCUMSTANCES OR FILE A SUPPLEMENTAL PETITION AND CRIMINAL CONTEMPT PROCEEDINGS. THE ISSUE OF WHETHER THE PROSECUTOR REALLY PROSECUTES IN JUVENILE COURT, THE PROBLEM OF PROVING CAPACITY IN A CONTESTED HEARING, AND PROSECUTORIAL INPUT AT DISPOSITIONAL HEARINGS ARE ADDRESSED.