Law 297 - Juvenile Justice (Judge Kaplan)

This course taught by Judge Leon S. Kaplan, Former member of the California Youth Authority Parole Board and Research Psychoanalyst candidate, will provide the student with a comprehensive overview of the juvenile justice delinquency system and explore the dynamic tensions between its high goals and aspirations and the impossible demands placed on it by the underlying social realities. The intertwined concepts of “parens patriae,” “the best interests of the child,” “the right to treatment,” “ and “due process” will be explored throughout the course.

Highlighting the differences between Criminal Law and Juvenile Law, students will learn the key constitutional, statutory and case law applicable to each stage of the sequential juvenile court proceedings: Diversion/Detention Hearings, Fitness Hearings, Dispositional Hearings, and Post Dispositional Hearings. Students will attend live proceedings in Juvenile Court and/or enact such proceedings using real case histories. In the process, they will learn the role of counsel for the minor, the parent, and the state.

The shifting role of the lawyer in juvenile proceedings will be explored in light of the newly enacted California Rule of Court 5.663 and the most recent ABA Standards. Examples of best practices will be explored in the context of advocating for their implementation.

Students will also be exposed to traditional and emerging remedies in the field of juvenile justice, including the use of Mandamus, Habeas Corpus, Injunctive Relief, and the availability of class actions.