Motions to Dismiss for Social Reasons

• Author: Anthony G. Amsterdam/Martin Guggenheim/Randy A. Hertz
• Profession: University Professor and Professor of Law at New York University/Fiorello LaGuardia Professor of Clinical Law at New York University School of Law/Professor of Clinical Law at NYU School of Law
• Pages: 397-403

397

CHAPTER 19

MOTIONS TO DISMISS

FOR SOCIAL REASONS

§ 19.01 The Legal Bases for the Motion;

Procedural Requirements

In several jurisd ictions the juvenile statutes or court rules give t he judge discretion to

dismiss a delinquency case for “social reasons” or “in the fu rtherance of justice.” See,

e.g., N.Y. Fa. C. A § 315.2 (2012). The jurisdictions var y considerably regarding

the formulation and specificity of the standard provided to govern such dism issals. For

example, the applicable District of Columbia Juvenile Court Rule says only that dis-

missal is authorized when it is “in t he interests of justice and the welfare of t he respon-

dent.” The New York Family Court Act provides for dismissal in the “furtherance of

justice when, even though there may be no basis for dismissal as a matter of law, such

dismissal is required as a matter of judicial discretion by the existence of some com-

pelling fu rther consideration or circumstances clearly demonstrating that a finding of

delinquency or continued proceedings would constitute or result in injustice,” N.Y. F.

C. A § 315.2(1) (2012), and directs the judge to consider the followi ng specific factors,

“individually and collect ively”:

(a) the seriousness and circu mstances of the crime;

(b) the extent of harm caused by the crime;

(c) any exceptional ly serious misconduct of law enforcement personnel in the inves-

tigation and arrest of the respondent or in the presentment of the petition;

(d) the history, character and condition of the respondent;

(e) t he needs and best interest of the respondent;

(f) the need for protection of the community; and

(g) any other relevant fact indicating that a finding would serve no useful purpose.

N.Y. F. C. A § 315.2(1)(a)–(g) (2012).

The statutes or court rules typically provide that a dismissal for socia l reasons may

be ordered by the judge sua sponte, or on motion of the defense or the prosecution. See,

e.g., N.Y. F. C. A § 315.2(2) (2012). As a practical matter, however, it will almost

invariably be defense counsel who makes the motion.

Local procedures may requ ire the defense to make the motion within a specified

time following arraignment, like other pretrial motions. See § 7.05 supra. In some