skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 64617 Find in a Library
Title: CALIFORNIA DETENTION HEARINGS - DUE PROCESS FOR JUVENILES
Journal: UCLA LAW REVIEW  Volume:26  Issue:6  Dated:(AUGUST 1979)  Pages:1462-1499
Author(s): E E R VOGT
Corporate Author: UCLA
School of Law
Managing Editor
United States of America
Date Published: 1979
Page Count: 38
Sponsoring Agency: UCLA
Los Angeles, CA 90095-1476
Format: Article
Language: English
Country: United States of America
Annotation: PROCEDURES FOLLOWED AT PREADJUDICATION DETENTION HEARINGS FOR JUVENILE DEFENDANTS IN CALIFORNIA ARE EXAMINED, AND SPECIFIC PROBLEMS IN THE PRODUCTION OF WITNESSES AND THE USE OF HEARSAY EVIDENCE ARE NOTED.
Abstract: IN CALIFORNIA AS IN ALL OTHER STATES, JUVENILES ARE PROCESSED SEPARATELY FROM ADULTS THROUGH THE JUVENILE JUSTICE SYSTEM. THE LEGISLATION HAS AMENDED THE WELFARE AND INSTITUTIONS CODE TO INCLUDE DUE PROCESS SAFEGUARDS FOR JUVENILES AND HAS BROADENED THE SCOPE OF THE JUVENILE COURT SYSTEM TO PERMIT GREATER CONSIDERATION OF DETERRENCE AND RETRIBUTION GOALS. JUVENILE DETENTION REHEARINGS CONDUCTED IN CALIFORNIA DEVIATE FROM DICTATES OF BOTH STATUTORY AND CASE LAW IN TWO AREAS: INCONSISTENCY IN THE PRODUCTION OF WITNESSES, AND SEEMING APPROVAL OF COURT RELIANCE ON HEARSAY EVID ENCE IN ORDERING THE DETENTION OF A MINOR. A COMPROMISE PROPOSAL IS TO ADMIT HEARSAY INTO EVIDENCE BUT ONLY IF IT IS SWORN TO BY SOMEONE WITH PERSONAL KNOWLEDGE OF THE EVIDENCE AND IN THE PRESENCE OF INDEPENDENT JUDICIARY MEMBERS. USING THE ADULT MISDEMEANOR PROBABLE CAUSE HEARING AS A MODEL, A SIMILAR RELIABILITY REQUIREMENT FOR EVIDENCE AT JUVENILE DETENTION REHEARINGS CAN CONCEIVABLY SOLVE THE HEARSAY CONFLICT. ANY COMPROMISE ON THE PRODUCTION OF WITNESSES AND HEARSAY EVIDENCE SHOULD STRIKE A BALANCE BETWEEN PROCEDURAL FAIRNESS REQUIREMENTS AND INFORMALITY AND FLEXIBILITY CONCERNS. CASE LAW CITATIONS AND FOOTNOTES ARE PROVIDED. (DEP)
Index Term(s): California; Defendants; Juvenile court procedures; Juvenile detention; Juvenile due process; Juvenile justice system; Rules of evidence; Witnesses
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64617

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.