Commonwealth v. Hodovanich
Commonwealth v. Hodovanich
Opinion of the Court
Opinion by
On December 14, 1966, appellant Robert Hodovanich was convicted of assault and battery by a jury
Appellant’s conviction arises from an incident occurring during a sandlot basketball game on November 13, 1965, in which he was a participant. After the game had been in progress for about 1 hour, the appellant committed a foul on a member of the opposing team. The ball was taken to the sidelines to be put into play. Dennis Golixer, a member of the opposing team, threw the ball and stumbled as he ran onto the court. His momentum caused him to strike appellant in the rear. Appellant whirled around, grabbed Golixer by the shoulder and struck him in the face with a closed fist. Golixer was hospitalized for 31 days as a result of the blow.
Appellant was 16 years of age when the assault occurred and was subject to the jurisdiction of the Juvenile Court of Beaver County. In the course of an investigation by juvenile probation officers, a meeting was held with appellant and Ms father and attorney, during which appellant admitted that he had struck Golixer. Subsequently in April 1966 the proceedings against appellant were certified to the Court of Quarter Sessions. At trial, a juvenile probation officer testified to the admission made by appellant during the juvenile court investigation. The principal argument advanced by appellant in support of his motion for a new trial is that the court erred in allowing this testimony.
Section 19 of the Juvenile Court Law, Act of June 2, 1933, P. L. 1433, 11 P.S. §261, provides:
“No order made by any juvenile court shall operate to impose any of the civil disabilities ordinarily imposed by the criminal laws of the Commonwealth, nor shall any child be deemed to be a criminal by reason
Appellant contends that the prohibition of §19 extends to testimony by a juvenile probation officer as to admissions made to him by a juvenile during the course of an investigation prior to disposition by the juvenile court. We hold that it was error for the court below to admit this testimony and the error requires the grant of a new trial.
The fundamental considerations in determining the applicability of §19 to statements given to a probation officer are the objectives of the juvenile system and the unique role of the juvenile probation officer. Although procedural safeguards necessary for a fair disposition are provided, juvenile court proceedings differ in many respects from adult criminal proceedings.
An adjudication of delinquency is not a criminal conviction. The Juvenile Court Law, §19. Juvenile proceedings are informal and nonadversary and do not employ the same evidentiary standards as criminal proceedings. Because adjudication is geared to a determination of the welfare of the youthful offender and the primary objective of the system is rehabilitation, facts relating to the child’s background, environment and prior history weigh heavily in the final disposition of a juvenile case.
The distinctive objectives and procedures of the juvenile court system have prompted the legislature to take great pains to prevent juvenile proceedings from
The investigation by the juvenile probation officer is an essential part of the juvenile court proceedings. By statute, the probation officer is a representative of the juvenile court charged with providing the court with information and assistance. The Juvenile Court Law, §17. In practice, the probation officer is the investigative arm of the court and may directly influence the disposition of cases.
When kept within the confines of juvenile court, this information serves the purpose for which it was gathered without the public disclosure and consequent risk of permanent injury to the child which The Juvenile Court Law seeks to prevent. To hold that this information is admissible in a later criminal trial would be to disregard totally the special nature of the juvenile court and the purposes of The Juvenile Court Law.
We have considered the other claims of error raised by the appellant and find them to be without merit.
The judgment of the court below is reversed and a new trial granted.
See, Kent v. United States, 383 U.S. 541 (1966) ; In Re Gault, 387 U.S. 1 (1967) ; Gaskins Case, 430 Pa. 298, 244 A. 2d 662 (1968) ; Commonwealth v. Johnson, 211 Pa. Superior Ct. 62, 234 A. 2d 9 (1967); Freeman Appeal, 212 Pa. Superior Ct. 422, 242 A. 2d 903 (1968).
See, Propper, Juvenile Court Practice, 30 Temple L.Q. 28 (1956). It appears from the instant case that in Beaver County it is standard practice for the juvenile probation officer to recommend the certification of cases to the Court of Quarter Sessions. The probation officer’s investigative power is wide-ranging. The juvenile’s “parental background is explored, his school record is examined and, in effect, his entire life becomes open for inspection.” Propper, Juvenile Court Practice, supra at 31.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.