7 V.I. 545 | 3rd Cir. | 1970
OPINION OF THE COURT
This is an appeal from the disallowance by the District Court of an appeal from a judgment entered by the Municipal Court of the Virgin Islands.
The pertinent facts are as follows: On September 22, 1968, one Claude Mahon left his trousers in a locked car at Pelican Cove, while bathing, and in the pocket of his trousers was $12 in cash. Returning to the car he found his trousers on the ground and searching about, he and William Shears came upon the defendant, Kenneth Brown, who was fourteen years of age. They seized him and searched him and in the pockets of defendant’s trousers they found $12, which the complainant, Mahon, claimed was his money which had been stolen. They questioned Brown, took him to the police in Christiansted in their car where he was again questioned by the police and in answer to such questioning the defendant told them that he had received the money from two other boys.
He was charged with the offense of Petty Larceny, to wit, that he “did wilfully steal and carry away $12 in cash from the pocket of Claude Mahon with the intent to de
At the close of the Government’s case on January 7, 1969, the following colloquy took place:
“THE COURT: Ready for the defendant’s side of the case, Mr. Marsh.
“MR. MARSH: At this time, after the Government rests, the defendant moves to dismiss the charge against the defendant on the ground that it has not been proven beyond a reasonable doubt, the charge that he did wilfully steal and carry away $12 in cash.
“THE COURT: It doesn’t have to be beyond a reasonable doubt. You mean a prima facie case.
“MR. MARSH: No sir, beyond a reasonable doubt.
“THE COURT: At the end of the Government’s case it has to be beyond a reasonable doubt? That’s ....
“MR. MARSH: I submit we are not required to put on any proof until they have proven a case beyond a reasonable doubt.
“THE COURT: You don’t go ahead until they have proven a case beyond a reasonable doubt? That’s new law to me, Mr. Marsh. I don’t know when it was passed.
“MR. MARSH: ... I respectfully submit there’s insufficient evidence to put the defendant to his proof.
“THE COURT: If there’s any testimony we’ll have it after lunch. * * *
“MR. MARSH: Defendant offers no testimony.
“THE COURT: All right, gentlemen, do you want to argue or submit?
“MR. ELLISON: The Government submits, your Honor.
“MR. MARSH: I think I covered by argument in my motion.
“THE COURT: I would think so.
*549 “The court finds the defendant guilty as charged of having stolen this money as described in the complaint from the pocket of Claude Mahon.
“I realize that apart from any circumstantial evidence there is little else but, as the courts have said, when the circumstantial evidence is strong it can be as good as that of an eye witness because there’s certain presumptions that are raised by circumstancial evidence.”
The defendant then filed a petition praying that he he granted the right to appeal from the judgment of the Municipal Court, and that counsel be appointed to represent him and to conduct his appeal in forma pauperis. The reasons alleged in the defendant’s petition are, inter alia, (1) that the monies found on the person of the defendant were never identified as having belonged to the complaining witness, Claude Mahon; (2) that the defendant’s arrest was illegal; (3) that the testimony of the complaining witness that the defendant received the money from two other boys was unlawfully received in that the defendant was not cautioned of his right to remain silent; (4) that all evidence was circumstantial; and (5) that the evidence was insufficient to establish the defendant’s guilt beyond a reasonable doubt. The district court judge simply entered an order stating that the petition was denied. Later, the defendant filed a petition for rehearing alleging that In Re Gault, 387 U.S. 1, May 15, 1967, was of great significance in the disposition of the case and that a hearing be held with respect thereto. Again, the court entered an order merely stating that the petition was denied.
It is well settled that an appeal is a matter of privilege which is granted either by the Constitution or by statute and the right to appeal does not exist unless expressly and affirmatively granted. In McKane v. Durston, 153 U.S. 684, at 687, the Court stated: “A review by an appellate court of the final judgment in a criminal case, however grave the offence of which the accused is con
The Virgin Islands are now an organized territory and the first sentence of Section 3 of the Bill of Rights sub-chapter of the July 22, 1955, Revised Organic Code, 68 Stat. 498, as amended, 48 U.S.C. § 1561,
In In Re Gault, supra, at page 14, it is stated: “From the inception of the juvenile court system, wide differences have been tolerated — indeed insisted upon — between the procedural rights accorded to adults and those of juveniles. In practically all jurisdictions, there are rights granted to adults which are withheld from juveniles. In addition to the specific problems involved in the present case, for example, it has been held that the juvenile is not entitled to bail, to indictment by grand jury, to a public trial or to trial by jury.”
The juvenile court system has an ambience of parens patriae and the end to be obtained in juvenile cases has been, from its very inception, to substitute broad programs of rehabilitation for punishment, as distinguished from that accorded to adults. In taking cognizance
We hold that the differentiation between an adult and a juvenile as to their rights of appeal is a relevant one and not disparate and, therefore, not violative of the equal protection clause of the Revised Organic Act of the Virgin Islands, nor of the Fifth Amendment, by reason of the Constitution of the United States having been made applicable to the Virgin Islands by Act of Congress dated August 23, 1968.
With respect to petitioner’s allegation that he was denied due process, his reliance on In Re Gault, supra, offers no advantage to him. In In Re Gault, 407 P.2d 760, the Supreme Court of Arizona decided that a minor
An examination of the record shows that all the requisites set forth in In Re Gault, supra, were complied with by the court at the trial of this cause. Additionally, it would seem that a liberal construction of the colloquy set forth hereinabove between the court and counsel for the appel
However, since the case is to be remanded to the municipal court, it would appear desirable that the court be given an opportunity to consider, in addition to the re-sentencing, the question of retroactivity in the light of In Re Winship, 397 U.S. 358, which adds the application of reasonable doubt to those Constitutional requirements in In Re Gault, supra, and Mordecai v. U.S., 421 F.2d 1133 (C.A.D.C. 1969).
However, while we have indicated no Constitutional guarantees were violated in the trial of the case, nor in the statutory requirement that an appeal by a juvenile may be had only by special allowance of the district court, we are constrained to hold that the imposition of a four-year sentence on the juvenile defendant, when contrasted with a one-year sentence, had the same offense been committed by an adult, evokes such a wide disparity that, in our judgment, renders it discriminatory and violative of equal protection and required the district court to allow an appeal. While there may and should be significant differences in the treatment of juvenile and adult offenders during their confinement, the juvenile here has been sentenced for a period four times longer than an adult would be for the same offense. Despite the fact that
The statutory violation here was a rather trifling offense, petty larceny — the taking of $12 — and to subject a fourteen year old to custody for four years, thus depriving him of his liberty and freedom of action during the most formative part of his early life, is a truly harsh sentence, especially when the record shows no previous delinquency nor aggravating circumstances surrounding the occurrence, which called for such severe punishment. Sentences in the Juvenile Court should comport with the correctional and rehabilitative aims and objectives of the system as it is structured, which has long envisioned the guiding, helpful hand, rather than punitive sanctions or retribution.
We, therefore, vacate the judgment of the lower court and direct that the cause be remanded to the municipal court either for the imposition of a sentence no greater than could be imposed on an adult for the same offense or, if the court shall be disposed to impose a commitment for more than a year, for explicit findings and conclusions deemed to justify that longer sentence, including a recitation of any significant differences between the treatment of adult offenders and juvenile offenders in the Virgin Islands.
The judgment of the lower court will be reversed.
Criminal Rules. Part VII. Procedure on Appeal to the District Court. Rule 178. Allowance of appeals in certain cases. Appeals in juvenile and domestic relations cases may be taken only if specially allowed by the district court. A notice of appeal shall be filed in the municipal court and an application for the allowance of such an appeal shall be made to the district court in writing within 10 days after the entry of the judgment sought to be appealed from. If the appeal is allowed, a certified copy of the order of allowance will be transmitted by the clerk of the district court to the clerk of the municipal court and the latter shall forthwith transmit the record in the case to the clerk of the district court. (2 V.I.C.A.T. 5. App IV R 178.)
This section, in pertinent part, provides: “§ 1561. Rights and Prohibitions. No law shall be enacted in the Virgin Islands which shall deprive any person of life, liberty or property without due process of law or deny to any person therein equal protection of the laws. . . .” Smith v. Government of the Virgin Islands, 6 V.I. 136, 375 F.2d 714.
48 U.S.C.A. § 1561.