Facts: Magnus M., a juvenile, broke and entered into a motor vehicle in the nighttime, with the intent to commit a felony.
Procedural History: At a trial by jury, the juvenile was found “delinquent.” The presiding judge ordered the case be continued without a finding and placed the juvenile on probation, over the Commonwealth’s objection. The judge based this decision on Massachusetts General Laws c. 119 § 58, which reads in relevant part, “At the hearing of a complaint against a child the court shall hear the testimony of any witnesses who appear and take such evidence relative to the case as shall be produced. If the allegations against a child are proved beyond a reasonable doubt, he may be adjudged a delinquent child, or in lieu thereof, the court may continue the case without a finding and . . . place the child on probation.”
Issue #1: Does M.G.L. c. 119 § 58 permit the Juvenile court to continue delinquency proceedings without a finding after a trial in which the juvenile was found delinquent?
Yes. The court began with legislative pronouncements indicating that proceedings within the Juvenile Court should be, so far as possible, aimed at treating and rehabilitating children, rather than treating them as criminals. From there, the court analyzed the language of the statute itself. While “hearing[s]” do not usually refer to trials, the court found that they sometimes do, and that further, since the “beyond a reasonable doubt standard” is rarely used for pre-trial hearings but is rather the standard for trials, the inclusion in the statute of that standard suggested that “hearing[s]” includes trials. The court also noted that the remainder of § 58 applies to trials, and that interpreting the language at issue as restricted solely to pretrial hearings would disrupt the clear progression contained in the statute. Based on all of these, § 58 does permit the Juvenile court to continue delinquency proceedings without a finding after a trial.
Issue #2: Does the authority of the Juvenile Court to continue delinquency proceedings without a finding after a trial in which the juvenile was found delinquent apply to jury trials?
Yes. The statute speaks to findings of fact made beyond a reasonable doubt. According to the court, this conclusion may be reached by either a jury trial or a trial by a judge. Once the facts are established, it is then within the discretion of the court to continue the case without a finding. This interpretation, according to the court, is consistent with the guiding policies of Juvenile Court, specifically that the court should aim wherever possible for rehabilitation. Since probation may work to further rehabilitative goals, and judges are well positioned to weigh an individual juvenile’s circumstances and determine whether the juvenile is a good candidate for rehabilitation, it therefore is good policy to authorize the Juvenile Court to continue delinquency proceedings without a finding after a jury trial in which the juvenile is found delinquent.
Conclusion: Juvenile Court judges may continue delinquency proceedings without a finding after a jury trial where the jury has found beyond a reasonable doubt that the juvenile is a delinquent. (AE)
