California, like all states, essentially has two criminal justice systems – one for adults and one for youths. The Department of Juvenile Justice in California is the entity that oversees the housing, education and treatment of young offenders. If you have a child who is involved in the juvenile justice “What Is the Department of Juvenile Justice in California?”
Curfew Law in San Diego: Can You Violate a Curfew for Working?
More than 500 cities in the U.S. have curfew laws that limit movement of minors between certain hours. San Diego is one of them. The purpose of a curfew is to protect children from dangerous people and circumstances that occur more frequently during late-night hours than during the day. If “Curfew Law in San Diego: Can You Violate a Curfew for Working?”
Switchblade Conviction Reversed
California’s Court of Appeals for the Fourth District reversed the true finding (conviction) of a juvenile for the possession of a switchblade knife after more accurately interpreting the penal code. California Penal Section 17235 (formerly § 653k) prohibits the possession of a switchblade knife, which it defines as “a knife “Switchblade Conviction Reversed”
Court Incarcerates Truant Kids
The Superior Court of San Diego recently decided that a juvenile court can incarcerate a minor during non-school hours for being truant. The minor in the case before the court was 12 years old and had missed several days of school. The juvenile court ordered her to attend school, obey “Court Incarcerates Truant Kids”
110 Years for a Juvenile Is Cruel and Unusual Punishment
The California Supreme Court recently held that imposing consecutive term-of-year sentences resulting in a 110 year prison sentence on a juvenile for a non-homicide offense is cruel and unusual punishment. In 2010, the United States Supreme Court held that sentencing a juvenile offender to life imprisonment without parole for a “110 Years for a Juvenile Is Cruel and Unusual Punishment”
Supreme Court: Age of a Child is a Relevant Factor in Miranda Cases
Recently, the United States Supreme Court has held that the age of a child subjected to police questioning is a relevant factor to consider in determining where a minor must be given Miranda warnings before being questioned by law enforcement officers. Under Miranda, an individual must be advised of the “Supreme Court: Age of a Child is a Relevant Factor in Miranda Cases”
California Courts Disagree on Lengthy Prison Terms for Juveniles
Last year, the United States Supreme Court held in a deeply divided opinion that a sentence of life imprisonment without parole (LWOP) for any juvenile offender who did not commit a homicide was unconstitutional as cruel and unusual punishment under the Eighth Amendment to the United States Constitution. The court, however, “California Courts Disagree on Lengthy Prison Terms for Juveniles”
Life Imprisonment without Parole is illegal in Non-Murder Juvenile Matters
The United States Supreme Court in a deeply divided opinion reversed a conviction of a 16-year old minor who was sentenced to life without parole (LWOP) for a non-homicide Florida offense of home invasion robbery. In Graham v. Florida, the court held that a sentence of LWOP for any juvenile “Life Imprisonment without Parole is illegal in Non-Murder Juvenile Matters”
Are Juveniles Lawfully Subject to Life without Parole?
The United States Supreme Court will entertain oral argument today on the issue of whether a life sentence without parole for a juvenile offender convicted of a non-murder offense violates the Eight Amendment’s prohibition on cruel and unusual punishment. The Court has already decided that juveniles are not subject to “Are Juveniles Lawfully Subject to Life without Parole?”