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Committing crimes as a teenager: Will the Juvenile System Be Able to Protect You?

8/31/2025

 
The criminal justice system in California distinguishes between juvenile and adult offenders, with separate procedures, rules, and penalties based on the age of the individual. The rationale behind this division is rooted in the belief that juveniles, due to their age and developmental stage, have a greater potential for rehabilitation than adults. California’s juvenile justice system is designed to provide interventions that focus on the rehabilitation of minors (under 18 years old) rather than solely on punishment. The adult system, on the other hand, is more punitive and focuses on retribution, deterrence, and incapacitation. Below is a detailed explanation of the key differences between the juvenile and adult criminal justice systems in California.

The most obvious difference between the juvenile and adult criminal justice systems in California is the age of jurisdiction.

  • Juvenile system: In California, a juvenile is defined as anyone under the age of 18. The juvenile justice system is primarily designed for individuals who commit crimes while under the age of 18, although there are some cases where a minor may be transferred to the adult system (discussed below).
  • Adult system: Once an individual turns 18, they are considered an adult under California law, and if they commit a crime, they are subject to the adult criminal justice system, regardless of the severity or type of offense.

The procedures for handling juvenile and adult cases also differ significantly, reflecting the different goals of the systems.

Juvenile system: Juvenile court proceedings are more informal than adult criminal trials. Juvenile court is designed to be more of a rehabilitative environment than an adversarial one. There are no juries in juvenile court; a judge makes all decisions regarding the case. In California, juvenile courts are governed by Welfare and Institutions Code (WIC) Section 600 et seq., not the Penal Code, which sets forth the procedures for juvenile detention, adjudication, and disposition.

  • Confidentiality: Juvenile court hearings are generally closed to the public to protect the minor's privacy. Additionally, juvenile records are sealed once the individual reaches the age of 18, provided they meet certain criteria. This is meant to offer minors the opportunity for a fresh start without the permanent stigma of a criminal record.
  • Delinquency vs. Crime: In juvenile court, crimes committed by minors are typically referred to as “delinquent acts” rather than “crimes.” The emphasis is placed on helping the minor reform, rather than punishing them for committing a crime.
In contrast, adult criminal proceedings are much more formal and follow the typical adversarial system, with public trials, juries, and public records. The proceedings are governed by the California Penal Code, and individuals who are accused of committing a crime are entitled to due process rights, such as the right to remain silent, the right to counsel, and the right to a trial by jury.
 Plea bargaining is a common practice in the adult system, where defendants can often negotiate a guilty plea for a reduced sentence. This is less common in juvenile proceedings, where the emphasis is more on rehabilitation and intervention rather than sentencing. Which brings us to resolving cases, one of the most significant differences between the juvenile and adult justice systems.

On the whole, the punishment for juveniles is typically less severe and more focused on rehabilitation. Minors found guilty of a delinquent act may face a range of interventions, including:
  • Probation with conditions such as attending school, undergoing therapy, or performing community service.
  • Juvenile detention: Minors can be placed in a juvenile detention facility, which is distinct from adult jails or prisons. These facilities are intended to be less punitive and more focused on rehabilitation.
  • Commitment to a juvenile facility: For more serious offenses, a juvenile may be sent to a juvenile correctional facility, where they may receive educational services and therapy designed to address their rehabilitation needs.
  • Minimum age: In California, minors under the age of 16 are not eligible for adult prison sentences, although they can be charged as adults for certain crimes (such as murder or serious felonies).
In the adult system, however, sentences tend to be more punitive. Convictions often result in incarceration in county jails or state prisons, depending on the severity of the crime. The length of the sentence depends on the offense, with some crimes carrying mandatory minimum sentences. Convicted adults may also face parole, probation, or fines, but their records will remain public and can have lifelong consequences. And, again, for very serious crimes, such as murder, individuals in the adult system can be sentenced to life imprisonment, sometimes without the possibility of parole.

Although the juvenile system is designed to handle minors, there are circumstances where a minor can be transferred to the adult criminal justice system.
  • Direct filing: Under California law, the District Attorney (DA) has the authority to directly file certain serious offenses committed by minors aged 16 or older in adult court. This is typically done in cases involving violent crimes, such as murder or robbery.
  • Fitness hearings: If a minor under 16 is charged with a serious crime, the juvenile court judge may conduct a fitness hearing to determine whether the minor should be tried in juvenile or adult court. The judge will consider factors such as the minor’s age, prior delinquency history, the seriousness of the offense, and the likelihood of rehabilitation. If the judge finds that the minor is unfit for the juvenile system, the case may be transferred to adult court, where the minor faces the same penalties as an adult offender.

The rules governing parole and probation also differ for juveniles and adults. While juveniles can be placed on probation instead of being incarcerated. Juvenile probation conditions often include attending school, participating in counseling or drug treatment programs, and submitting to drug testing, adults convicted of crimes may be eligible for parole after serving a portion of their sentence. Parole allows an individual to serve the remainder of their sentence under community supervision, subject to conditions such as drug testing and reporting to a parole officer.

In the case of juveniles who are committed to a juvenile facility, again, the focus is on rehabilitation. Once a juvenile has completed their sentence or treatment program, they may be released on juvenile parole, which involves monitoring by a probation officer to ensure the minor is following all court-ordered conditions and receiving the necessary rehabilitative services.

Another important distinction is how criminal records are ultimately handled. Juvenile records in California are generally sealed when the individual turns 18, provided they have completed their sentence or probation and have not committed further offenses. This means that, in most cases, the minor will not have a permanent criminal record that could affect future opportunities like employment or education. Adult criminal records, on the other hand, are public and do not automatically get sealed. A person convicted of a crime as an adult will have a permanent criminal record unless they successfully petition to have their conviction expunged.

While the juvenile and adult criminal justice systems in California share the same ultimate goal of ensuring public safety, they differ in fundamental ways. The juvenile system is focused on rehabilitation and aims to provide minors with opportunities for reform and reintegration into society. In contrast, the adult system prioritizes punishment, deterrence, and incapacitation, with a focus on holding adults accountable for their criminal behavior.

These differences reflect society's recognition that young people, due to their developmental stage, should be treated differently than adults, especially when it comes to criminal behavior. However, as some minors commit serious offenses, the potential for transferring them to the adult system does exist, raising complex questions about fairness, maturity, and the possibility of rehabilitation.
 
While Devina does not practice in juvenile court, if you have an adult criminal case, and would like to speak with her, feel free to reach out. 
 


THE CONSTITUTION SERIES: THE 10TH AMENDMENT

8/29/2025

 
The Tenth Amendment of the United States Constiution reinforces the principle of federalism by delineating the division of powers between the federal government and the states. It reads: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

The Tenth Amendment embodies the principle of federalism, which delineates the distribution of powers between the national government (federal government) and the state governments. It asserts that the federal government possesses only those powers explicitly granted to it by the Constitution, while all other powers are reserved to the states or to the people. The amendment emphasizes that any powers not specifically delegated to the federal government by the Constitution are reserved for the states or retained by the people themselves. This reserved powers doctrine ensures that state governments retain significant autonomy and authority to legislate and govern according to their own priorities, as long as these actions do not conflict with the Constitution or federal law.

The Tenth Amendment serves as a bulwark against potential federal encroachment on state sovereignty. It underscores the foundational principle that the states are independent political entities with inherent powers to regulate public health, safety, welfare, education, and other matters of local concern without undue interference from the federal government.

The Tenth Amendment reflects the Founding Fathers' concerns about the balance of power between centralized authority and local governance. It arose from debates during the Constitutional Convention regarding the scope of federal authority and the need to preserve state autonomy. The amendment was crucial in securing ratification of the Constitution by states wary of relinquishing too much power to a national government.

Over the years, the Supreme Court has interpreted it in various ways to address questions of federalism and state authority. In cases such as United States v. Lopez (1995) and Printz v. United States (1997), the Court reaffirmed the amendment's role in limiting Congress's power to regulate state activities under the Commerce Clause and its ability to compel state officials to enforce federal laws.

In contemporary legal and political discourse, the Tenth Amendment remains relevant in debates over states' rights, federal mandates, and the balance of power between federal and state governments. Issues such as healthcare policy, environmental regulation, marijuana legalization, and immigration enforcement often hinge on questions of federal supremacy versus state sovereignty. For example, it played a significant role in overturning of Roe v. Wade, a landmark Supreme Court decision in 1973, which had established a woman's constitutional right to terminate a pregnancy under certain conditions, centering on its  principle of states' rights. Critics of the Roe v. Wade decision contended that the issue of abortion should be left to individual states to regulate, rather than being decided at the federal level as the Constitution does not explicitly grant the federal government the authority to regulate abortion, thereby asserting that states should have the autonomy to enact their own laws based on local values and preferences.

Despite its foundational role in American federalism, the Tenth Amendment has been subject to interpretive debates and challenges. Some critics argue that the amendment's language is ambiguous and open to varying interpretations, leading to inconsistent application in different legal contexts. Additionally, debates over the scope of federal authority versus state autonomy continue to evolve in response to changing societal norms and political dynamics.
​
In conclusion, the Tenth Amendment of the United States Constitution reaffirms the principle of federalism by preserving the powers not explicitly granted to the federal government for the states or the people. It underscores the importance of state autonomy and local governance in shaping laws and policies that reflect the diverse needs and values of the American people. As the landscape of federal-state relations continues to evolve, the Tenth Amendment remains a cornerstone of American constitutional law, ensuring a delicate balance between national unity and state sovereignty.

THE CONSTITUTION SERIES: THE 9TH AMENDMENT

8/15/2025

 
The Ninth Amendment of the United States Constitution asserts that the enumeration of certain rights in the Constitution should not be construed to deny or disparage others retained by the people. It serves as a crucial affirmation of individual rights beyond those explicitly listed in the Constitution and protects against the interpretation that the absence of a right in the document means it does not exis, emerging from concerns among the Founding Fathers that explicitly listing certain rights in the Constitution might be interpreted as limiting the rights of the people to only those specifically mentioned. Drawing from the principles of natural rights and English common law, the amendment affirms that individuals possess a broad array of rights that are inherent to their humanity and not contingent upon governmental recognition.

The central purpose of the Ninth Amendment is to safeguard unenumerated rights that are considered fundamental to liberty and individual autonomy. These rights include but are not limited to privacy, freedom of conscience, and personal autonomy in matters such as family relationships and intimate associations. The amendment underscores that the rights explicitly listed in the Constitution should not be viewed as an exhaustive list, and that other rights not specifically mentioned are still protected.

The interpretation of the Ninth Amendment has evolved through various Supreme Court decisions that have recognized unenumerated rights as essential to personal freedom and human dignity. For example, in Griswold v. Connecticut (1965), the Court relied on the Ninth Amendment's penumbral rights to establish a right to privacy, which protected married couples' access to contraception. Similarly, Roe v. Wade (1973) invoked the Ninth Amendment in affirming a woman's right to choose abortion as a fundamental aspect of privacy and personal autonomy.

In modern legal and social contexts, the Ninth Amendment continues to be relevant in debates surrounding civil liberties, reproductive rights, LGBTQ+ rights, and the limits of governmental authority over personal choices. Advocates and scholars invoke the amendment to argue for the recognition and protection of rights that are not explicitly enumerated in the Constitution but are essential to individual autonomy and human flourishing.

Despite its broad principles, the Ninth Amendment has been subject to varying interpretations and debates over the extent of its application. Critics argue that its vague language leaves room for judicial activism and inconsistent application, depending on the ideological leanings of the courts.

​In conclusion, the Ninth Amendment of the United States Constitution plays a critical role in affirming that the rights of individuals extend beyond those explicitly listed in the Constitution. It safeguards unenumerated rights that are essential to personal freedom, privacy, and autonomy, ensuring that the Constitution's protections are expansive and reflective of evolving societal values. As debates over civil liberties and individual rights continue to evolve, the Ninth Amendment remains a foundational principle in protecting the inherent rights and dignity of all individuals

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  • Home
  • Profile
  • Practice Areas
    • DUI
    • Assault Crimes
    • Theft Crimes
    • Domestic Violence
    • Drug Crimes
    • Sex Crimes
    • Homicide
    • CA DMV Medical Reevaluation Hearings
    • Civil Harrassment Restraining Orders >
      • Restraining Order-related >
        • Other Types of Protective Orders
        • If You Are Served With A Protective Order
        • Resources for Victims of Domestic Violence
  • Contact
  • Results
  • Other information
    • Devina's Blog
    • Cal. Fish and Game Updates
    • Commonly-Requested Documents >
      • Local Ordinances
    • Reference Links
  • Disclaimer