Hicks

This petition presents a challenge to the constitutionality of the statutory framework for certifying 14- and 15-year-old offenders for trial as adults. Briefly summarized, since 1976, minors who are 16 or older at the time of committing a crime can under certain circumstances be tried as adults in criminal court, but 14- and 15-year-olds have always been tried as juveniles. As of January 1, 1995, however, the Legislature opened the door of the criminal courthouse to these younger offenders.

Now, under Welfare and Institutions Code section 707, subdivision (d), a minor who is 14 or 15 years of age at the time of committing a serious offense such as murder, robbery with personal use of a firearm, and forcible rape, among other crimes, will be tried as a juvenile unless the People move for a remand to the criminal courts and prove the minor is not amenable to care, treatment and training in juvenile court. If, however, a murder falls into one of three special categories—first or second degree murder where the minor personally kills the victim; first or second degree murder where the minor, acting with intent to kill the victim, solicits or assists another person in doing…