In re Tyvonne M. – Connecticut
Nature of the Case
This case involves the defense of infancy as it relates to crimes committed by minors. The issue is whether the defense of infancy applies to non-criminal juvenile proceedings.
Facts
Tyvonne (D), an 8 year old child, found a pistol while playing in a school yard. Tyvonne hid the gun and then showed it to friends at school. Several of his friends said that the gun was a toy and one child challenged Tyvonne. The child said “shoot me, shoot me” to prove that the gun was a toy. Tyvonne shot the other child and she was injured. Tyvonne was then taken into police custody. The state (P) then filed a petition against Tyvonne that alleged delinquent behavior. This was not a criminal charge, but was meant to protect the child and to give him a new direction in life. The trial court found that Tyvonne committed assault and was delinquent. Tyvonne was committed to Youth Services for a maximum of four years. Tyvonne appealed on the grounds that he should have been allowed to use the defense of infancy.
Issue
- In a non-criminal juvenile proceeding, should the defense of infancy be permitted by the courts?
Holding and Rule of Law
- No. In a non-criminal juvenile proceeding, the defense of infancy should not be permitted by the courts.
The common law defense of infancy was created because the law recognized that while a child may have intended a criminal act, she may not be able to appreciate the moral dimensions of her behavior. The concept of juvenile delinquency however was created by the legislature, not the common law. Delinquency for juveniles is closely tied to rehabilitation and is not a criminal punishment. The test is what is in the best interest of the child, not society at large. Allowing Tyvonne to use the defense of infancy would be contrary to the system of delinquency that has been established by the legislature. Delinquency is designed to protect the welfare of the child, while the defense of infancy is a common law device that is meant to protect children from criminal punishment. Since delinquency is not a common law criminal punishment, the defense is inapplicable here.
Notes
This case rests upon the notion that juvenile proceedings are meant to rehabilitate, rather than to punish. The trend today is in the other direction, away from rehabilitation. More states are stiffening juvenile penalties and trying older children as adults.