In re Snitzky

657 N.E.2d 1379, 73 Ohio Misc. 2d 52, 1995 Ohio Misc. LEXIS 42
CourtCuyahoga County Common Pleas Court
DecidedAugust 1, 1995
DocketNo. 9501029
StatusPublished
Cited by2 cases

This text of 657 N.E.2d 1379 (In re Snitzky) is published on Counsel Stack Legal Research, covering Cuyahoga County Common Pleas Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Snitzky, 657 N.E.2d 1379, 73 Ohio Misc. 2d 52, 1995 Ohio Misc. LEXIS 42 (Ohio Super. Ct. 1995).

Opinion

Kenneth A. Rocco, Judge.

I. FACTS

On December 18,1994, fourteen-year-old Megan Norman was reported missing by her mother. A month later, William Gast led police to her shallow grave. [53]*53According to a statement he gave to the police, William knew the location of the grave because he had helped her murderer bury her body. When Megan’s body was unearthed, it was determined that she had been strangled with a shoelace.

On March 8, a hearing was held to determine if there was probable cause to believe that Wayne Snitzky had murdered Megan. This court heard testimony concerning the statement given to police by Wayne’s friend William. Evidence was also presented linking fibers found on Megan’s clothing to the carpeting in the van in which Wayne told William he had hidden Megan’s body after her murder. Additionally, a shovel found in the same van had dirt on it consistent with the dirt from Megan’s grave site. Based on this evidence, this court determined that there was probable cause to believe that Wayne had committed the murder.

On April 11, a second hearing was held to determine first, if Wayne was amenable to rehabilitation, and second, if the safety of the community required that he be placed under legal restraint for a period extending beyond the age of his majority. According to psychological reports stipulated to by both parties, this is Wayne’s first appearance before juvenile court; consequently, there have been no previous attempts at rehabilitation. Wayne was almost eighteen at the time of the offense, and there was no evidence presented that he suffered from any mental or physical disability. He has achieved above-average to superior grades throughout his educational experience. Wayne has worked steadily since junior high school and contributed to his education expenses. Wayne’s family is intact, stable, and supportive of him.1

At the April 11 hearing, the state again presented testimony concerning statements given to the police by William Gast. A detective testified that Wayne had considered various “candidates” for the role of victim in his murderous plans since October 1994 and had finally settled on Megan Norman after rejecting sevéral other potential victims.

The only factors listed by the Juvenile Court Diagnostic Clinic psychologist as indicators that Wayne would not be amenable to rehabilitation were his age and, of course, the violent nature of the offense with which he has been charged.

[54]*54II. DISCUSSION

A. Introduction

As is clear from the extensive media coverage of such crimes, violent offenses committed by juveniles are considered to be one of today’s most intractable problems. In a recent USA Today/CNN/Gallup poll, seventy-three percent of respondents said that “violent juveniles should be treated as adults rather than as defendants in lenient juvenile courts,” and that juvenile courts are “wholly out of touch with reality.”2

As a society, we have not yet developed a response to such crimes which adequately balances the juvenile court’s historical purpose of rehabilitation with the public’s understandable need for retribution in instances of particularly heinous crimes committed by juveniles. The eventual solution to juvenile crime will only be forged in a continuing dialogue between the court, the legislature, and the people of Ohio.

Unfortunately, Ohio law regarding the transfer of juvenile offenders to the general division for prosecution as an adult is confused and contradictory. The proper weight which should be given to the degree of violence of the offense, versus the youth’s prospects for rehabilitation, is unclear, with the rule, statute, and case law offering contradictory directives.

In order to make the necessary public discourse possible, a court must honestly state the reasons for its decision, rather than camouflaging its rationale in the nonsensical intricacies of the statute, rule, and precedents. When a court choses to camouflage the reasons for a particular decision, it short-circuits the democratic process. In order for this process to function effectively, a juvenile court must honestly and openly articulate the rationale behind its decision whether or not to transfer a youth. Additionally, in order to meet constitutionally mandated due process requirements, a reviewing court must be able to meaningfully review such a decision.

One effect of the lack of direction offered by the statute, rule, and precedents is transfer decisions which are subjected to only a cursory review, as any conclusion can be read to fit within the broad applicable law. In effect, the discretion of the juvenile court is largely unfettered. Beyond the obvious due process concerns, decisions made in such a vacuum contribute little to the evolution of juvenile justice because they hinder the ongoing dialogue between the courts and the [55]*55legislature, which is an absolute necessity in crafting solutions to the ever-increasing problem of gang- and drug-related violent crimes.

Before directly addressing the current shortcomings of Ohio law, a brief overview of the problem is necessary to emphasize the importance of the decision to transfer a youth for prosecution as an adult, and the tension between the ideals of rehabilitation and retribution.

B. Transfer of Juveniles In Response to Society’s Demands For a Legitimate Reaction to Violent Crimes

Although a preliminary matter, the juvenile court’s decision to waive its exclusive jurisdiction over the child and transfer the child for prosecution as an adult should be considered of the utmost importance.

“[W]aiver itself is a severe sanction, with potentially harsh consequences, including extended detention in jail, a protracted adjudicatory process, a felony conviction resulting in social and legal sanctions, and a lengthy sentence at a secure correctional institution. * * * It does more than determine a judicial forum for the accused youth. It invokes a jurisprudential philosophy that governs the nature of the proceedings as well as the purpose and severity of the sanctions.”3

Traditionally, one of the primary purposes of juvenile courts has been to rehabilitate youthful offenders.4 The concept of rehabilitation is based on an understanding that future crime can be reduced by changing the behavior patterns of individual offenders and does not necessarily require an extended period of incarceration.5 This contrasts with the primary purpose of adult criminal proceedings, which is to fix culpability and exact retribution as much as it is to rehabilitate the offender.

Most states have had some sort of transfer mechanism in place since the inception of distinct juvenile courts in the early Twentieth Century.6 The transfer of youthful offenders from juvenile courts to criminal courts recognizes that the historical purpose of juvenile courts renders them unable to impose the severe penalties society demands for heinous offenses. As the number and [56]*56degree of violent crimes committed by juveniles increases, society has begun to focus less on the prospect of rehabilitating the young offender and more on the understandable desire to punish the offender.7

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Related

State v. Nicholas
2020 Ohio 3478 (Ohio Court of Appeals, 2020)
State v. Payne
693 N.E.2d 1159 (Ohio Court of Appeals, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
657 N.E.2d 1379, 73 Ohio Misc. 2d 52, 1995 Ohio Misc. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-snitzky-ohctcomplcuyaho-1995.