In Re Jay J.

Fare v. Jay J.

Good Law
136 Cal. Rptr. 125·1977 Cal. App. LEXIS 1160·66 Cal. App. 3d 631
Court of Appeal of CaliforniaJanuary 31, 1977Crim. 29287California957 words

Opinion

Opinion

Thompson, J.

This appeal from an order adjudicating Jay J. a ward of the juvenile court pursuant to Welfare and Institutions Code section 602 asserts that the California Juvenile Court Law which allows a juvenile a full trial before a judge as a matter of right only when the proceedings before a juvenile court referee are not reported and transcribed denies the juvenile due process and equal protection of the law in situations where credibility of witnesses is significant. We conclude that the fact finding process prescribed by the juvenile court law is consistent with standards of due process, and that compelling authority validates the constitutionality of the application of a different method of fact finding to juveniles and adults charged with criminal conduct. Accordingly, we affirm the order of adjudication.

A petition was filed with the juvenile court pursuant to Welfare and Institutions Code section 602 which asserted that Jay J. had discharged a firearm at an inhabited dwelling. The petition was heard by a referee with the proceedings reported and transcribed.

Evidence presented in support of the petition consisted primarily of eyewitness testimony. The testimony of the…

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