NCJ Number
104447
Journal
Arizona Law Review Volume: 27 Issue: 4 Dated: (1985) Pages: 923-930
Date Published
1985
Length
8 pages
Annotation
This case note examines the juvenile incapacity presumption and the effect of the Arizona Supreme Court decision in Gammons v. Berlat on the application of the incapacity presumption in the State.
Abstract
In Gammons, the Court held that section 13-501 of the Arizona Revised Statutes inapplicable to juvenile court proceedings. The statute provided that holding a minor under 14 years of age criminally responsible for his conduct required clear proof that the minor understood the wrongfulness of his conduct at the time of the act. The effect of Gammons is to reduce the scope of the incapacity presumption by limiting its application to juveniles under 14 who were transferred to the adult criminal court. As courts rarely transfer minors to adult criminal proceedings, the incapacity statute will rarely apply. The Court based its decision on the premise that juvenile courts rehabilitate rather than punish. It was the Court's goal to keep juveniles in the juvenile system where they receive counseling and rehabilitative help. As the dissent in Gammons points out, however, a better and truly rehabilitative juvenile justice system is necessary for the court's decisional premise to ring true. 58 footnotes.