California along with some other states have ruled that teens over the age of fourteen (14) can be tried as adults for murder or other crimes. On March 7, 2000 proposition 21 was passed with 62 percent of the vote. California proposition states that teens from the age of 14 to 17 years old can be tried as adults and be sent to adult prison. Before proposition was passed minors from the age 14 to 17 could not be tried as adults and could only be held up to the age of 25 years old. This proposition has been used many times to convict teenagers for murders and other crimes as adults.
Many people are trying to challenge proposition 21 saying that it ...view middle of the document...
133 this means the juveniles are sent to adult court without a fitness hearing. Youths charge that “automatic adulthood” denies them the procedural safeguards required by Kent and constitutes arbitrary legislative classification that violates equal protection. They claim charging decisions that remove them from juvenile court without judicial hearing violate due process. They argue that arbitrary legislative classifications that require youths charged with certain offenses to be prosecuted as adults violate equal protection”
“While the Supreme Court has not ruled on the constitutionality of transferring a minor to adult court without a fitness hearing, the subject was the focus of a dissenting opinion in Bland v. United States. 135 This case involved sixteen-year-old Jerome Bland. He was charged in adult court for armed robbery of a post office in Washington D.C. Charges against the teen were filed directly in adult court pursuant to an Act of Congress that gave the United States Attorney the authority to send juvenile offenders to adult court without first holding a fitness hearing. Bland moved to dismiss the indictment, alleging that the statutory basis for prosecuting him as an adult did not provide him with procedural due process.”
This could help the family of the victim to find justice and also in a way it could hurt the minor by not getting a chance to change or receive help. This proposition is going to continue to be a challenge in the courts by groups that want to keep minors from being adults only time would tell if the constitutional by the us supreme court.
Here is the link to the webpage that I quoted http://www-bcf.usc.edu/~usclrev/pdf/075405.pdf