"However, after listening to the community, victims and colleagues, I understand there may be the rare occasion where the filing of special circumstance allegations may be necessary. Accordingly, I will enact a committee to review the appropriateness of filing such enhancements in an extremely limited number of cases where the underlying facts are extraordinary and/or the victims are uniquely vulnerable," Gascón wrote in one memo.
The association representing more than 800 deputy district attorneys in Los Angeles County filed a lawsuit in December 2020 challenging some of Gascón's directives, including a requirement that prosecutors seek the dismissal of special circumstance allegations in murder cases that were pending. The association contended that the moves were "unlawful."
"However, in exceptional circumstances, criminal jurisdiction may be appropriate for youth offenders," Gascón wrote. "The selective transfers of juveniles to the adult court system will only be in the most egregious cases that warrant a state prison commitment, where it is abundantly clear the minor poses a danger to the public and has serious difficulty controlling their dangerous behavior in line with the evaluation for extended Secure Youth Treatment Facility detention.
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