IN RE DAHL278 N.W. 2d 316 (1979) CASE BRIEF

IN RE DAHL

278 N.W. 2d 316 (1979)

NATURE OF THE CASE: This case involves the courts discretion as to when a juvenile offender should or should not be referred for prosecution as an adult. It is interesting because it shows how legislatures can enact vague statutes that give little guidance and wide discretion to judges.

FACTS: On April 8, 1978 the body of Rick Alan McGuire was found in a remote area. He was shot in the head by a shotgun. A delinquency petition was filed against Dahl (D) for the first degree murder of Ricky Alan McGuire. D admitted to the killing and was 17 at the time of the murder. D's parents describe him as respectful and obedient. D had never been in serious trouble with the law prior to this murder and D had maintained a B average in high school while holding down a part time job and participating in athletics. He was a steady and industrious worker. The trial court observed that the D was not a typical delinquent and that he had no prior history that could have predicted this outcome. D was then referred for adult prosecution because it was determined that the juvenile court could not successfully treat D in the time remaining before its jurisdiction would expire. The other reason for the referral was based on the serious nature of the crime and D's alleged threat to public safety. D appeals the referral for adult prosecution.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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