MURDERED: 8 yr old Leila Fowler - 12 yr old brother charged

[HairOfTheDog]

I have to say, as heinous as this case appears (without knowing exactly how it went down and the boy/family history), I don't think a 12 year old should be tried as an adult; especially if he doesn't have any prior record. I just read a bit about the juvenile justice system in California. Apparently at some point they typically hold a fitness hearing. If he's found "unfit" for the juvenile system, he can be bumped up to adult court. If he "fits" in the juvenile system, he'll be tried there I guess.

Here's a link to the factors that they would be considering in a fitness hearing:

http://www.courts.ca.gov/cms/rules/index...=rule5_770

Thanks for posting the fitness criteria, user.

I'm confused here. If the child's determined "unfit" for juvenile court, he can be turned over to another type of facility or released. It's up to the court/judge. That's standard/clear.

However, AFAIK since this child is under 14 years of age, being bumped up to adult court is not an option in California, under any circumstances.

Instead, considering the severity of the crime allegedly committed by this child, his juvenile proceedings are being handled more like standard criminal trials before the judge than a lot of the less formal juvenile proceedings for lesser offenses.

This is to the best of my understanding.