In re S.M.
In re S.M.
Opinion of the Court
Appellant is a male youth whom the government charged by juvenile petition with murder in the first degree. Because he was fifteen years old at the time of the offense, the government moved to transfer him to the Criminal Division of the Superi- or Court for prosecution as an adult. See D.C.Code § 16-2307(a)(l) (1997). Following an evidentiary hearing which focused chiefly on whether appellant could be rehabilitated through residential juvenile treatment, Judge Campbell issued a lengthy and thoughtful opinion and order granting the motion to transfer. He found that the government had carried its burden of proof in making the twofold showing required by § 16-2307, namely, (1) that transfer “is in the interest of the public welfare and protection of the public security and [ (2) ] there are no reasonable prospects for rehabilitation.” Section 16-2307(d).
In this interlocutory appeal, appellant does not take issue with the trial judge’s finding that he had failed to rebut the presumption of dangerousness arising
In analyzing this argument, it is important to keep separate two concepts: (1) the burden and quantum of proof (here the government’s burden of proof by a preponderance of the evidence) and (2) the thing to be proved — whether or not there were reasonable prospects for appellant’s rehabilitation. The two become easily confused when, as here, the trial judge has defined the matter to be proved in terms often used to define the evidentiary standard (preponderance of the evidence), viz., “more likely than not.” But we do not agree with appellant that the judge shifted the burden of proof by requiring the government to disprove the probability, rather than the possibility, that rehabilitation would succeed. And we are convinced that that definition of “no reasonable prospects” is correct viewing the statute as a whole.
In In re 673 A.2d 174 (D.C. 1996), this court explained the history and structure of the transfer statute.
In this statutory context, the trial judge correctly concluded that the legislature did not intend “reasonable prospects” to mean only the possibility of rehabilitation rather than its probability. It did not mean, in other words, to countenance the following result: The government, perhaps on the basis alone of the juvenile’s failure to rebut the presumption of dangerousness, has proven that the public welfare dictates transfer; yet transfer fails because it has not also dis-proven every rational (non-fanciful) possibility of rehabilitation.
Appellant’s position is not without force given that the statute requires the government to prove “no reasonable prospects for rehabilitation” (emphasis added). Nevertheless, for the reasons stated, we hold that the trial judge correctly determined that the issue in dispute — and on which the government had the burden of proof — was whether juvenile treatment promised only the chance (even “the best chance”) of rehabilitation of appellant, or instead offered the likelihood of success. If rehabilitation in the juvenile system was not more likely than not to succeed, then transfer could not be avoided consistently with the public welfare.
Once we recognize that the judge correctly defined “no reasonable prospects for rehabilitation,” none of the language in his opinion which appellant cites as effectively shifting the burden of proof supports that conclusion. Moreover, the judge carefully analyzed the evidence according to that legal standard before finding that “[t]he preponderance of the evidence in the case leads me to conclude that there are no reasonable prospects for the respondent’s rehabilitation in the juvenile system.” In In re J.L.M., supra, we held that “the decision whether to transfer a juvenile for prosecution as an adult must be committed to the trial court’s sound discretion.” 673 A.2d at 182. There was no abuse of dis
Affirmed,
. D.C.Code § 16-2307 provides in relevant part:
(d) ... The [Family] Division shall order the transfer [for criminal prosecution] if it determines that it is in the interest of the public welfare and protection of the public security and there are no reasonable prospects for rehabilitation.
(e) Evidence of the following [then-enumerated] factors shall be considered in determining whether there are reasonable prospects for rehabilitating a child prior to his majority and whether it is in the interest of the public welfare to transfer for criminal prosecution....
(e-2) There is a rebuttable presumption that a child 15 through 18 years of age who has been charged with any of the following offenses, should be transferred for criminal prosecution in the interest of public welfare and the protection of the public security:
(1) Murder ....
. "For purposes of the transfer hearing the Division shall assume that the child committed the delinquent act alleged." D.C.Code § 16-2307(e-l).
. Rule 109(c) states: "[T]he Corporation Counsel shall have the burden of showing by a preponderance of the evidence that it is in the interest of the public welfare and protection of the public security that the respondent be transferred for criminal prosecution and that there are no reasonable prospects for rehabilitating the respondent within the jurisdiction of the Family Division prior to the respondent's majority.”
.We first observed that historically the statute had "focused the trial court’s attention exclusively on the prospects for rehabilitating the juvenile before his or her majority,” but that in 1993, the legislature “added a second, public welfare/security criterion to all transfer determinations.” 673 A.2d at 178. Further, by creating the rebuttable presumption of subsection (e-2), the amended statute “appeared to reduce if not eliminate any eviden-tiary burden on the District created by the new public welfare/security criterion." Id. at 179.
. A "reasonable prospect,” appellant asserts in his reply brief, is “a prospect that is rational as opposed to specious or fanciful.”
. That focus on probabilities accords with the substantive meaning of similar predictive judgments in other contexts. See, e.g., Millard v. Harris, 132 U.S.App. D.C. 146, 155, 406 F.2d 964, 973 (1968) ("Predictions of dangerousness, whether under the Sexual Psychopath Act or in some other context, require determinations of several sorts: ... the likelihood or probability that [the person] will in fact indulge in that conduct ....”).
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