[Download] "Ramona R. V. Superior Court Of Los Angeles County" by Supreme Court Of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: Ramona R. V. Superior Court Of Los Angeles County
- Author : Supreme Court Of California
- Release Date : January 28, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
(See fn. 1.) In this prosecution for murder, minor defendant Ramona R. seeks a writ of mandate to compel respondent court to vacate an order declaring her unfit to be tried in juvenile court. (Welf. & Inst. Code, § 707, subd. (c) [hereinafter section 707 (c)].)*fn1 She contends the court erred in refusing to grant her immunity from use at trial of any statements she made in the fitness hearing or to her probation officer. We must decide whether prior California law, which provided for such use immunities, was nullified by article I, section 28, subdivision (d), of the California Constitution (hereinafter section 28(d)), adopted by the electorate as part of Proposition 8 at the June 1982 Primary Election. If it was, we must further decide whether section 707(c), which places the burden of proving fitness for juvenile court treatment on the minor, is unconstitutional because it compels the minor to choose between her due process right to testify and her privilege against self-incrimination. As will appear, we need reach only the first question, for we hold that the use immunities heretofore recognized are preserved by the exception for statutory privileges provided in section 28(d).