In the Interest of M.M.C.

564 N.W.2d 9, 1997 Iowa Sup. LEXIS 175
CourtSupreme Court of Iowa
DecidedMay 21, 1997
Docket96-1688
StatusPublished
Cited by5 cases

This text of 564 N.W.2d 9 (In the Interest of M.M.C.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of M.M.C., 564 N.W.2d 9, 1997 Iowa Sup. LEXIS 175 (iowa 1997).

Opinions

ANDREASEN, Justice.

A thirteen-year-old juvenile was charged with murder in the first degree. After a delinquency petition was filed, the juvenile entered a plea of guilty to the delinquency charge of second-degree murder. Following a combined adjudicatory and dispositional hearing, the court ordered the juvenile to be placed in the custody and guardianship of the Iowa Department of Human Services (DHS) for commitment to the state training school until the juvenile’s eighteenth birthday.

Two years later the juvenile court, at a dispositional review hearing, ordered the juvenile, then fifteen years old, to be released from the training school and placed on probation in the custody of his parents. The State immediately filed a notice of appeal and a motion for stay. The motion to stay was granted. On appeal, we reverse the court’s delinquency review order and remand.

I. Background Facts and Proceedings.

On June 9,1994, Tim Gorball, age thirteen, was found dead on the floor of his parents’ garage. Tim died from three gunshots from a 20-gauge shotgun. All three shots were fired , at close range, within an eighth of an [10]*10inch. The first shot was to the back, the second was to the chest, and the third shot was into the eye, causing virtual destruction of the skull and brain.

M.M.C. (hereafter referred to as “Mark”), age thirteen, was questioned about the death. After initially denying any involvement, Mark suggested Tim had accidentally shot himself. Later, Mark suggested he had accidentally fired the first shot and that the second and third shots were made because Tim begged him to put him out of his misery. Police investigation revealed that after the shooting Mark took the shotgun back to his parents’ home, wiped it clean, and then returned it to its original location. He then went on as though nothing had happened. The police charged Mark with murder.

After Mark’s admissions on the evening of the murder, he was placed in a detention center. A delinquency petition alleging murder in the first degree was filed on June 10. A detention hearing was waived and an adjudicatory hearing was set for September 21. Because Mark was not fourteen years of age or older, the county attorney could not request that the juvenile court waive its jurisdiction over Mark and transfer the ease for criminal trial in district court. See Iowa Code § 232.45 (1993). Before the hearing date, it was agreed that Mark would enter a guilty plea to murder in the second degree and that a dispositional hearing would also be set for September 21.

At the combined adjudicatory and disposi-tional hearing, the juvenile court found that Mark’s plea was voluntarily and intelligently entered and that there was a factual basis for the plea. The court found that Mark had intended to kill Tim and that an inference of malice aforethought arose from the use of a dangerous weapon. The court adjudicated Mark had committed the delinquent act of second-degree murder and ordered he be placed in the custody and guardianship of DHS for commitment to the training school at Eldora until his eighteenth birthday. No appeal was taken from the court’s adjudication and dispositional findings and order.

The juvenile court continued the placement of Mark at the training school following a September 1995 delinquency review hearing. In September 1996, following a review hearing, the court entered an order that released Mark from the training school and placed him on probation. The court stated:

In selecting a placement for children adjudicated to have committed delinquent acts, the court must make the appropriate disposition considering the seriousness of the wrongful act, the child’s culpability, his age, and his prior record. The court must consider all of the traditional factors dealing with rehabilitation. In ordering placement at the state training school, the court may consider punishment in the best interests of the child as well as the need to protect the public.
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Balancing the interests of society and those of the respondent child, the court concludes that placement at the state training school has served well. But that placement is no longer the appropriate one. The time has arrived, as it soon must arrive in any event, that [Mark] should be released, on probation, on conditions imposed by the court officer in the custody of his parents.

The State appealed this delinquency review order. Our scope of review in delinquency appeals is de novo. In re D.L.C., 464 N.W.2d 881, 882 (Iowa 1991).

II. Juvenile Justice.

Iowa did not adopt a juvenile court system until 1904. 1904 Iowa Acts ch. 11. Before the adoption of a juvenile court system, children were handled the same as adults in criminal court. State v. Halverson, 192 N.W.2d 765, 766 (Iowa 1971). Under the common law rule, children over seven years old who committed crimes were prosecuted as adult criminals if they were capable of possessing criminal intent. After 1904 and until 1965, children who committed indictable crimes could be prosecuted in criminal court or handled in juvenile court. Id. Following a thorough study of Iowa juvenile court laws, the legislature adopted a complete revision of the juvenile laws in 1965. 1965 Iowa Acts ch. 215. Under this revision the criminal court had concurrent jurisdiction with the juvenile [11]*11court over children less than eighteen years of age who committed a criminal offense. Id. § 67. An adult was defined as a person over twenty-one years of age, a minor was a person less than twenty-one years of age, and a child was a person less than eighteen years of age. Id. § 3.

Following the United States Supreme Court decision in Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045, 16 L.Ed.2d 84 (1966), the Iowa legislature revised the law to give the juvenile court exclusive original jurisdiction in proceedings concerning any child alleged to be delinquent or dependent. 1967 Iowa Acts ch. 203, § 14. The amendment further provided for a waiver of the court’s jurisdiction following a hearing. Id. §§ 23, 24. If the petition alleges delinquency based on an alleged act committed after the child’s fourteenth birthday, the juvenile court can refer the alleged violations to the appropriate prosecuting authority for proper action under the criminal law, provided there has not been an adjudication of delinquency in juvenile court. Id. § 23.

The juvenile justice laws were again revised in 1978. 1978 Iowa Acts ch. 1088. The revised law specifically provided for both adjudicatory and dispositional hearings of. a child alleged to have committed a delinquent act. Id. §§ 27, 30. The dispositional orders were subject to termination, modification, or substitution upon motion, notice, and hearing. Id. § 34.

We recognize the primary goal of juvenile justice in Iowa is rehabilitation, not punishment.

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564 N.W.2d 9, 1997 Iowa Sup. LEXIS 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-mmc-iowa-1997.