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State v. Green7/30/1998
sufficient guidance and criteria by which to make discretionary transfer rulings. As noted above, the rules of statutory construction provide, where the language of a statute is arguably ambiguous, that courts must give effect to legislative intent by reference inter alia to statutes in pari materia, those having a common purpose. Thus, we should not look, as defendant would have us do, solely to N.C.G.S. § 7A-610 of article 49 of the North Carolina Juvenile Code (subchapter XI of chapter 7A) to determine whether juvenile court judges are provided with adequate guidance for transfer decisions.
Section 7A-610 is part of the larger Juvenile Code which seeks to rehabilitate juveniles and to transform them into productive, law-abiding members of society. See State v. Dellinger, 343 N.C. 93, 96, 468 S.E.2d 218, 221 (1996). The Juvenile Code is similarly intertwined with the Criminal Procedure Act, chapter 15A of the General Statutes, and the Criminal Law, chapter 14 of the General Statutes, as the Juvenile Code is the source of original jurisdiction and procedure regarding the adjudication of crimes committed by juveniles. See N.C.G.S. § 7A-523 (1995). Hence, when a juvenile court Judge seeks to determine whether "the needs of the juvenile or the best interest of the State will be served by transfer," in accord with section 7A-610(a), he or she does so within the structure of the entire criminal Justice system. Examination, therefore, must be made with reference to this larger statutory construct in deciding whether the guidance provided to juvenile court Judges passes constitutional muster.
N.C.G.S. § 7A-516(3) provides that the purpose of the Code as it applies to juveniles is
o develop a Disposition in each juvenile case that reflects consideration of the facts, the needs and limitations of the child, the strengths and weaknesses of the family, and the protection of the public safety.
N.C.G.S. § 7A-516(3) (1995). Article 52 of the Code governs "Dispositions," and it (1) states the goal of Dispositions in juvenile cases and (2) identifies Dispositional alternatives for the juvenile court. N.C.G.S. §§ 7A-646 to -661 (1995). In considering possible dispositions, the juvenile court is to consider "the seriousness of the offense, the degree of culpability indicated by the circumstances of the particular case and the age and prior record of the juvenile." N.C.G.S. § 7A-646.
The circumstances surrounding the enactment of the transfer statute and related statutes also provide insight into the legislature's provision of guidance for juvenile court transfer decisions. N.C.G.S. § 7A-608 provides that juveniles accused of the class A felony of first-degree murder must be transferred to superior court. N.C.G.S. § 7A-608. Moreover, section 7A-608 was recently amended to reduce the age at which juveniles either must or may be transferred to superior court from fourteen to thirteen years of age. Crime Control Act of 1994, ch. 22, sec. 25, 1993 N.C. Sess. Laws (Extra Session 1994) 62, 75 (effective May 1, 1994, for offenses committed on or after that date). These circumstances as developed recently and over a longer period provide the juvenile court Judge with two important considerations for deciding whether to transfer a juvenile case: (1) the seriousness of the offense; and (2) the evolving standards and will of the majority in society, as expressed through the legislature, reflecting concern that the rapid increase in the commission of serious, violent crimes by younger and younger offenders must be dealt with more stringently than was previously being done in the juvenile system.
When examined in the light of related statutes and the circumstances surrou
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