When will a minor who violates the criminal law be prosecuted in the juvenile court rather than the criminal court?

California, United States of America


The following excerpt is from Solano v. Superior Court, 169 Cal.App.4th 1361, 87 Cal. Rptr. 3d 448 (Cal. App. 2009):

(2) As a general rule, persons under 18 years old who violate the criminal law are within the jurisdiction of the juvenile court, and are not prosecuted in the criminal court. (Manduley v. Superior Court (2002) 27 Cal.4th 537, 548 [117 Cal.Rptr.2d 168, 41 P.3d 3].) Certain statutes, however, allow minors to be prosecuted in the criminal court if they are determined to be unfit for treatment under the juvenile court law, or are accused of having committed certain serious crimes. (Ibid.)

Proposition 21, the Gang Violence and Juvenile Crime Prevention Act of 1998, broadened the circumstances under which minors 14 years of age and older could be prosecuted in the criminal court, rather than in the juvenile court. (Manduley v. Superior Court, supra, 27 Cal.4th at p. 549.)

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