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Veney v. U.S.

April 20, 1995

TYCHO VENEY, APPELLANT,
v.
UNITED STATES, APPELLEE.



Appeal from the Superior Court of the District of Columbia. (Hon. Herbert Dixon, Trial Judge).

Before Ferren, Terry, and Schwelb, Associate Judges. Opinion of the court Per Curiam. Concurring opinion by Associate Judge Schwelb. Dissenting opinion by Associate Judge Ferren.

PER CURIAM: Following his guilty plea to manslaughter while armed, D.C. Code §§ 22-2401, -3202 (1989), Veney asked the court to sentence him pursuant to the provisions of the District of Columbia Youth Rehabilitation Act (DCYRA), D.C. Code § 24-801 et seq. (1989). The Judge elected to sentence him as an adult. On appeal, Veney contends that the Judge failed to make an explicit finding that Veney would not benefit from a DCYRA sentence. This court has recently held, however, that a "no-benefit" finding is not required by the DCYRA. Peterson v. United States, Nos. 93-CF-693, -762 (D.C. Mar. 30, 1995) (opinion of KING, J., joined by TERRY, J.) Accordingly, the judgment appealed from is hereby

Affirmed.

APPENDIX A

Of the 29 appearances before, and letters to, the Committee on the Judiciary relating to the May 8, 1985 hearing on Bill 6-47, which was later codified as the District of Columbia Youth Rehabilitation Act, D.C. Code §§ 24-801 et. al. (1989 Repl. and 1994 Supp.), 25 supported the bill on the basis of a perceived need in the District for legislation focusing on the rehabilitation of youth offenders. Of the remaining four presentations, one took the position that the previous bill, focusing on rehabilitation of youth offenders, put too much emphasis on the court's making psychological determinations. The other three, while acknowledging the rehabilitative purpose of the bill, urged greater consideration of public safety and greater focus on victims of the crimes perpetrated by youth offenders. Excerpts from all the presentations before, and letters to, the Committee on Bill 6-47 are provided below.

1. Cheryl M. Long, Director, The need for a strong and effective

Youth

Public Defender Rehabilitation Act is obvious: . . .

Some

Service for the District mechanism must be provided for

separating,

of Columbia. evaluating and sentencing young people

who,

in the view of the trial court, have

the

potential for rehabilitation and who

would not

return to the community and continue

to commit

criminal acts if that special

treatment is

successful. [Emphasis added.]

2. Charles J. Ogletree, Judges and attorneys know that the

Federal

Deputy Director, Public Youth Corrections Act...clearly had a

positive

Defender Service for the impact not only on individual youthful

District of Columbia offenders but also on the community at

large....

These beneficial results flowed from

the Youth

Act's emphasis on

rehabilitation....For the

community, rehabilitation is the only

long term

solution to crime. [Emphasis added.]

3. Dr. Calvin W. Rolark, One of the greatest needs I can think

of is to

President, United Black give a deserving youth a chance to

reform his or

Fund her life.... Our agencies serve

such young

adults find that these lives can be

turned

around with rehabilitation, job and

academic

counseling and concern administered in

an

insulated setting. [Emphasis added.]

4. Rev. Jerry A. Moore, Jr. [Bill 6-47] offers an opportunity for

reconstruction of lives of young men

and women

who, otherwise, might be consigned to

the

scraphill of life. These people are

valuable

resources and must be reclaimed for

useful

purposes in our society. [Emphasis

added.]

5. Ronald Hampton, National I have been a Community Relations

Officer for

Chairman, National the past seven years...and have seen

the

Black Police Association positive effects that time and

corrective

guidance can have to eliminate the

anti-social

tendencies that are embedded in some

of our

youth. [Emphasis added.]

6. Willie T. Hamlin, M.D., The Institute...fully supports "The

Youth

Institute for Child and Rehabilitation Act of 1985," with its

stated

Family Psychiatry, Inc. purposes being to regulate the

rehabilitation

and punishment of our youthful

offenders....To

offer our youth and community anything

less than

a comprehensive model program for

rehabilitation would be a continued

form of

abuse, neglect and abandonment of both

parties.

[Emphasis added.]

7. M. Shanara Gilbert, The Federal Youth Corrections Act was

intended

Chairperson, National historically to replace retribution and

Conference of Black punishment with nurturing and

training....We

Lawyers Appreciate the Council's approach of

turning

anger and frustration with youth crime

into

reason and a constructive approach to

the

prevention of future criminality and

therefore

we urge the passage of the bill . . .

.[Emphasis

added.]

8. Stephen G. Milliken, This legislation recognizes a

fundamental

Attorney-at-Law precept in the potential for

rehabilitation in

young people....[Emphasis added.]

9. J. Wesley Watkins, We think the Youth Rehabilitation Act

will

Executive Director of the reinstitute a humane and necessary

sentencing

American Civil Liberties option for Judges in the District.

Union of the National

Capital Area

10. Baker E. Morten, Bill 6-47 would restore certain

provisions of

Unfoldment, Inc. the former Federal Youth Corrections

Act and

provide rehabilitation opportunities

for

deserving youthful

offenders....[Emphasis

added.]

11. Carrolena Key, Vice The D.C. Commission for Women support

the

Chairperson, D.C. Commis- concept of Bill 6-47 to regulate the

sion for Women rehabilitation and punishment of youth

offenders...and agree that early

passage of

legislation to provide a system of

treatment

and rehabilitation for young offenders

is

extremely urgent. [Emphasis ...


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