In re J.L., Part-II
J.L. appeals from the juvenile court's adjudication sustaining allegations he committed four lewd and lascivious acts with three children, his cousins. (Welf. & Inst. Code, § 602; Pen. Code, § 288, subd. (a); subsequent statutory citations are to the Penal Code, unless noted.) Defendant contends the dire consequences of the adjudication -- including lifetime registration as a sex offender, potential exposure to civil commitment as a sexually violent predator (SVP), and residency restrictions under Proposition 83 (Jessica's Law) -- are punitive in nature. Defendant argues due process requires a jury trial before the state may impose such severe punishment. He contrasts his lifetime punishment with the less severe outcomes that mark typical juvenile adjudications, where the United States Supreme Court has sanctioned proceedings less formal than a criminal prosecution, including the absence of a jury trial, based on the rehabilitative goals of the juvenile system. (See McKeiver v. Pennsylvania (1971) 403 U.S. 528 (McKeiver).) Defendant also argues equal protection of the law requires a jury trial before a trial court may impose the lifetime punishment he faces. Defendant asserts juveniles subject to these consequences are similarly situated with adults who are subjected to these identical consequences only after a criminal conviction. Because their similarly-situated adult counterparts are entitled to a jury trial, defendant asserts equal protection requires that juveniles should have the same right.
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