W.C.P. v. StateW.C.P. v. State
Lead Opinion
OPINION
Appellant, W.C.P. was certified to stand trial as an adult by the juvenile division of the District Court of Oklahoma County for Rape in the First Degree in violation of
A juvenile may be certified to stand trial as an adult upon two findings by the trial court: First, that there is prosecutive merit to the complaint, that is, a finding that a crime has been committed and probable cause to believe the accused juvenile committed it; and second, that the juvenile is not amenable to rehabilitation within the existing juvenile system. C.J.W. v. State,
In his sole assignment of error, Appellant claims that the trial court abused its discretion in certifying the juvenile to stand trial as an adult in that there was insufficient evidence to show that the juvenile was not amenable to rehabilitation within the juvenile system. Since Appellant only challenges the finding that he was not amenable to rehabilitation and not the District Court’s finding of prosecutive merit, we do not find it necessary to discuss all the facts. However, it must be noted that the record is void of any evidence relating to the commission of the charged offenses. The record reflects only a stipulation that if evidence were presented the court would find prosecutive merit for each charge.
The finding that a child is not amenable for rehabilitation is a discretionary decision to be made by the judge, but the decision must be based on substantial evidence against the child’s claim to the benefit of juvenile treatment. In re E.O.
Substantial evidence is more than a scintilla. It must do more than create a suspicion of the existence of the fact to be established. We must consider the case as a whole and not piecemeal. The lines of proof must be considered together, not separately. Even if each line of proof taken by itself is of insufficient probative force, the conclusion does not necessarily follow that the proof taken as a whole is insufficient. The lines of proof interweave and support each other.
The pertinent statute is
1. The seriousness of the alleged offense to the community, and whether the alleged offense was committed in an agressive, violent, premeditated or willful manner;
2. Whether the offense was against person or property, greater weight being given to offenses against persons especially if personal injury resulted;
3. The sophistication and maturity of the juvenile and his capability of distinguishing right from wrong as determined by consideration of his psychological evaluation, home, environmental situation, emotional attitude and pattern of living;
4. The record and previous history of the juvenile, including previous contacts with community agencies, law enforcement agencies, schools, juvenile courts and other jurisdictions, prior periods of probation or prior commitments to juvenile institutions;
5. The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the juvenile if he is found to have committed the alleged offense, by the use of procedures and facilities currently available to the juvenile court; and
6. Whether the offense occurred while the juvenile was escaping or in an escape status from an institution for delinquent children.
The evidence presented in regard to these factors showed that while the offenses involved are serious, violent, and against a person, they resulted from an impulsive act on the part of the Appellant who has generally internalized the nature of right and wrong and the expectations that society has on his personal behavior; that there are times when the Appellant is overwhelmed by psychosocial distress and acts impulsively; that he is a depressed child who would meet the statutory definition of a child in need of treatment and in need of in-patient mental health treatment; that the Appellant had no previous charges nor any previous contacts with the juvenile justice system; that he appears to have a stable home environment consisting of his natural parents; that his record showed regular attendance at school; and finally that he is amenable to treatment in the juvenile justice system. (TR 6, 7, 10,) (OR 12) Although, the petition is the only document in the record describing the incident, the trial court made a finding that the acts committed were premeditated and vicious. It is true that Dr. Jones, clinical psychologist, testified that the Appellant understood the conception of right and wrong in terms of the expectations that society has of his personal behavior, however, he also stated that Appellant exhibits a type of depression which is apparent while he is in detention, and which appears to have existed prior to this incident. Further, Dr. Jones testified that the Appellant’s difficulties appear to be the ability to control his actions, and limited, emotional coping mechanisms; and that he bottles psychosocial distress up and then impulsively acts out these episodes. In addition, when the Doctor was asked by counsel for the Appel
Q. (by Mr. Clover): In your opinion is Mr. Prince amenable to rehabilitation within the juvenile system.
A. (by Dr. Herman Jones): If I were to encompass the mental health services available in addition to those within the juvenile justice system directly, including services that could be rendered via and in need of treatment adjudications, it is my opinion that there is a good chance that his risk for further involvement in negative activity can be impacted, utilizing primarily the mental health provisions before his chronological age would place him outside of the juvenile justice system. (TR 8)
In summary, it was Dr. Jones’ opinion that the Appellant was amenable to treatment in the juvenile justice system.
Clearly the district court, in reaching its decision, put a great deal of emphasis on the nature of the offenses. However, the fact that the Appellant is accused of a serious act does not in and of itself answer the question of whether the Appellant is amenable to rehabilitation within the juvenile system. “There is no presumption that a child who has committed a very serious act is not receptive to rehabilitative treatment.” See T.C. v. State,
The State cites In the Matter of B.M.R. v. State, 581 P.2d 1322 (Okl.Cr.1978), and In the Matter of J.A.M.
An “abuse of discretion” has been defined by this Court as a clearly erroneous conclusion and judgment, one that is clearly against the logic and effect of the facts presented in support of and against the application. Walker v. State,
We therefore hold that the District Court’s finding of nonamenability to rehabilitation within the juvenile system was not supported by the evidence, and the order of the Juvenile Division of the District Court waiving jurisdiction over the juvenile and certifying him to stand trial as an adult is, accordingly REVERSED and REMANDED to the Juvenile Division for further proceedings.
Concurrence Opinion
specially concurring.
I agree that this matter must be reversed and remanded for further proceedings, because the State of Oklahoma failed to show that the Appellant was not amenable to rehabilitation. It is the available rehabilitation that I wish to address at this time. Dr. Herman Jones testified that Appellant was mentally ill and in need of institutional treatment and Roger Creecy, a social worker for the Department of Human Services, testified that if the appellant were found to be a child in need of treatment in addition to being a delinquent child the department would first treat the mental illness. At the conclusion of that treatment then he would be reevaluated for treatment for the delinquency. Under Oklahoma law it is possible to impose a finding of in need of treatment upon the finding of delinquency. 10 O.S., Supp.1986 § 1114. Since Dr. Jones’ conclusions as to Appellant’s rehabilitation are based on institutional treatment for mental health, I suggest that serious consideration be given to amending the Petition in this matter to include allegations that Appellant is a child in need of treatment.