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State v. Green7/30/1998
development, criminal familiarity, and sophistication and severity of the crime charged, a criminal defendant may be deemed to possess the wisdom and age of individuals considerably older than his chronological age. State v. Johnson, 317 N.C. 343, 393, 346 S.E.2d 596, 624 (1986).
An examination of the crime committed by defendant in this case reveals it is not the type attributable to or characteristic of a "child," nor is it one for which the special considerations due children under the criminal Justice system are appropriate. Defendant apparently stalked and harassed his victim for several weeks. He forcefully broke into the victim's apartment and attacked her with a weapon. With full knowledge that the police had been alerted, defendant proceeded to sexually assault the victim, in a variety of ways, in her own bedroom in front of her child in a humiliating and highly vicious manner. Defendant yielded his attack only when the police arrived, and he waited literally until the last moment possible, escaping out the front door as police entered through the rear. These circumstances show purpose and culpability on defendant's part rising far above that normally attributable to a thirteen-year-old juvenile. The cruelty of the attack, its predatory nature toward an essential stranger, defendant's refusal to accept full responsibility, his difficulty controlling his temper, his previous record and his unsupportive family situation all suggest defendant is not particularly suited to the purpose and type of rehabilitation dominant in the juvenile system. Moreover, defendant would have been subject to release only four years after his conviction, at the time he achieved eighteen years of age. Considering these factors, we hold that defendant's sentence within the adult system is plainly not grossly disproportionate to the crime he committed.
Defendant also claims his punishment is excessive because it is "so totally without penological justification that it results in the gratuitous infliction of suffering." Gregg, 428 U.S. at 183, 49 L. Ed. 2d at 880. This is based on defendant's assertion that minor offenders should be "treated" instead of "punished." However, the prohibition against cruel and unusual punishment "does not mandate adoption of any one penological theory." Harmelin, 501 U.S. at 999, 115 L. Ed. 2d at 867 (Kennedy, J., Concurring in part and Concurring in the judgment). As with criminal sentences, the theories underlying those sentences change over time. Payne v. Tennessee, 501 U.S. 808, 819-20, 115 L. Ed. 2d 720, 731-32 (1991). " tate criminal systems have accorded different weights at different times to the penological goals of retribution, deterrence, incapacitation, and rehabilitation." Harmelin, 501 U.S. at 999, 115 L. Ed. 2d at 867-68 (Kennedy, J., Concurring in part and Concurring in the judgment). The General Assembly has determined that the adult Justice system, with its primary goals of incapacitation and retribution, is the appropriate place for violent youthful offenders, such as defendant. It is not for this Court to second-guess this determination. As Justice Blackmun noted in Furman v. Georgia, 408 U.S. 238, 33 L. Ed. 2d 346:
We should not allow our personal preferences as to the wisdom of legislative . . . action, or our distaste for such action, to guide our judicial decision in cases such as these. The temptations to cross that policy line are very great.
Id. at 411, 33 L. Ed. 2d at 448-49 (Blackmun, J., Dissenting). We properly resist any such temptation, and hold defendant's argument to be without merit.
In his final argument, defendant contends his punishment is cruel and unusual because he is the only thirteen- year-old offender
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