STATE V. Q.D
685 P.2d 557 (Wash. 1984)
NATURE OF THE CASE: This was an appeal from a juvenile adjudication of trespass. The Court of Appeals certified to the court the questions whether the statutory presumption of infant incapacity, applied to juvenile adjudications, and if it did, what standard of proof was required to rebut the presumption.
FACTS: Q.D. (D) was 11.5 years old and was caught on school grounds with the custodian's keys. D was charged with first degree trespass. At a pretrial hearing, D was found to have capacity to have committed the crime. The evidence consisted of testimony of both a caseworker and a detective who had worked with D showing that D was familiar with the justice system, was streetwise, and used his age as a shield. In another case, M.S. (D2) was 12 years old and was found guilty of taking indecent liberties on a child she was baby-sitting. It was found that she had capacity because her parents and the victim's mother permitted her to baby-sit. These cases were consolidated for appeal.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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