Can an adult waive jurisdiction of the juvenile court?

California, United States of America


The following excerpt is from Jose D. v. Superior Court, 19 Cal.App.4th 1098, 23 Cal.Rptr.2d 664 (Cal. App. 1993):

The question of an adult's ability to waive jurisdiction of the juvenile court has generated few cases. In Rucker v. Superior Court (1977) 75 Cal.App.3d 197, 141 Cal.Rptr. 900 the minor allegedly committed the offense shortly before her 18th birthday. By the time of arraignment she had turned 18 and demanded prosecution as an adult because she was emancipated, self-supporting and a mother. The juvenile court denied the request stating the minor could not ask to be declared unfit to be tried as a minor and finding the minor was fit to be so tried. The appellate court reversed concluding that if an adult knowingly and intelligently waived the right to be tried as a juvenile then the juvenile court had to certify the case to superior court.

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