Commonwealth v. Allen

36 Pa. D. & C.4th 222
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedNovember 15, 1996
Docketno. 768
StatusPublished

This text of 36 Pa. D. & C.4th 222 (Commonwealth v. Allen) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Allen, 36 Pa. D. & C.4th 222 (Pa. Super. Ct. 1996).

Opinion

TEMIN, J.,

This matter comes before the court in its role as chief criminal calendar judge on 57 identical pretrial motions asking this court to declare the Juvenile Act, 42 Pa.C.S. §6301 et seq., as amended by Act 1995-33 (SSI), unconstitutionally vague. The matters have been consolidated for purposes of briefing and argument.2 Arguments were heard on September 12, 1996, and the matter was held under advisement. For the reasons discussed below, the motions are denied.

Criminal matters involving juveniles in Pennsylvania are governed by the Juvenile Act. 42 Pa.C.S. §6301 et seq. The Act was recently amended in a special session of the legislature convened by Governor Thomas J. Ridge on January 23, 1995 to address issues of crime and public safety. Specifically, the legislature was directed to consider “reduction of juvenile crime by reforming the system and laws relating to crimes committed by juveniles.” The amendments contained in Act 1995-33 (SSI) substantially changed section 6301(b) (relating to the purposes of the Act), section 6302 (relating to the definition of a delinquent act), section [225]*2256352 (relating to disposition of delinquent child), and sections 6322 and 6355 (relating to transfer to and from criminal proceedings). The effect of the amendments was to decrease the jurisdiction of juvenile court by specifying that juveniles who committed specific offenses be charged directly in adult criminal court. Under the prior Act, juveniles who committed criminal offenses (other than murder) were under the jurisdiction of juvenile court. 42 Pa.C.S. §6302 (amended 1995). At the special session, the legislature excluded from the jurisdiction of juvenile court certain enumerated felony offenses committed by juveniles age 15 or older when a deadly weapon is used or the charge constitutes a second offense. 42 Pa.C.S. §6302.

Prior to the amendments, section 6301(b) of the Juvenile Act stated:

“This chapter shall be interpreted and construed as to effectuate the following purposes:
“(2) Consistent with the protection of the public interest, to remove from children committing delinquent acts the consequences of criminal behavior, and to substitute therefor a program of supervision, care and rehabilitation.” 42 Pa.C.S. §6301(b) (amended 1995).

Once a child was found to be delinquent, the juvenile court was authorized to make orders of disposition that were “best suited to his treatment, supervision, rehabilitation, and welfare.” 42 Pa.C.S. §6352 (amended 1995). Both section 6301(b) and section 6352 were substantially altered by the recent amendments. Rather than focusing solely on the treatment, supervision, and rehabilitation needs of the child, the legislature substituted the following language:

“(2) Consistent with the protection of the public interest, to provide for children committing delinquent acts programs of supervision, care and rehabilitation [226]*226which provide balanced attention to the protection of the community, the imposition of accountability for offenses committed and the development of competencies to enable children to become responsible and productive members of the community.” 42 Pa.C.S. §6301(b).

This same language is repeated in section 6352, which authorizes the juvenile court to make “orders of disposition determined to be consistent with the protection of the public interest and best suited to the child’s treatment, supervision, rehabilitation, and welfare, which disposition shall, as appropriate to the individual circumstances of the child’s case, provide balanced attention to” the factors specified in section 6301(b). 42 Pa.C.S. §6352.

As under the prior Act, the amended Act retains a “safety valve” or transfer mechanism by which a juvenile directly charged as an adult may petition the court for transfer to juvenile court. 42 Pa.C.S. §6322. Previously, a child charged directly as an adult could be transferred back if the child could show that he was “amenable to treatment, supervision or rehabilitation as a juvenile.” 42 Pa.C.S. §6322 (amended 1995). In deciding whether or not to transfer a case to juvenile court, the court was to consider the criteria listed in section 6355(a)(4)(iii)(A) (amended 1995): age; mental capacity; maturity; the degree of criminal sophistication exhibited by the child; previous records if any; the nature and extent of any prior delinquent history, including the success or failure of any previous attempts by the juvenile court to rehabilitate the child; whether the child can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction; probation or institutional reports if any; the nature and circumstances of the acts for which the transfer is sought; and, any other relevant factors. At the special session, the leg[227]*227islature amended this transfer process by establishing a burden of proof, changing the standard to be used, and specifying additional criteria to be considered by the court.

Under the amended Act, the child “shall be required to establish by a preponderance of the evidence that the transfer will serve the public interest.” 42 Pa.C.S. §6322. In determining whether the child has borne this burden, the court is to be guided by the following factors (some of which are the same as factors considered under the prior Act):

“(A) the impact of the offense on the victim or victims;
(B) the impact of the offense on the community;
(C) the threat to the safety of the public or any individual posed by the child;
(D) the nature and circumstances of the offense allegedly committed by the child;
(E) the degree of the child’s culpability;
(F) the adequacy and duration of dispositional alternatives available under this chapter and in the adult criminal justice system; and,
(G) whether the child is amenable to treatment, supervision or rehabilitation as a juvenile by considering the following factors:
(I) age;
(II) mental capacity;
(III) maturity;
(IV) the degree of criminal sophistication exhibited by the child;
(V) previous records, if any;
(VI) the nature and extent of any prior delinquent history, including the success or failure of any previous attempts by the juvenile court to rehabilitate the child;
[228]*228(VII) whether the child can be rehabilitated prior to the expiration of the juvenile court jurisdiction;
(VIII) probation or institutional reports, if any;
(IX) any other relevant factors.” 42 Pa.C.S. §6355(a) (4)(iii).

The defendants argue that the term “public interest” as used in the transfer standard in sections 6322 and 6355 is unconstitutionally vague because the legislature did not specify or explain which “public interest” is served by transferring the child to juvenile court for disposition.

In assessing whether the use of the term “public interest,” without more renders the statute unconstitutionally vague, the court must apply the following standard:

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Bluebook (online)
36 Pa. D. & C.4th 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-allen-pactcomplphilad-1996.