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 jurisdictions the juvenile statutes or court rules give the judge discretion to

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

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

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

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

missal is authorized when it is “in the interests of justice and the welfare of the 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 further 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 collectively”:

(a) the seriousness and circumstances 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) the 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 social 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 require the defense to make the motion within a specified

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