State v. Lemelin

5 Citing cases

  1. State v. Benoit

    126 N.H. 6 (N.H. 1985)   Cited 59 times
    Discussing discretionary authority RSA 169-B gives police officers

    This State long has recognized the common-sense fact that a child does not possess the discretion and experience of an adult, Porter v. Wilson, 106 N.H. 270, 271, 209 A.2d 730, 731 (1965), and that special procedures are required to protect juveniles, who possess immature judgment. State v. Lemelin, 101 N.H. 404, 406, 144 A.2d 916, 918 (1958). In recognition that children often act imprudently and lack the capacity to understand the full consequences of their acts, the law of this State provides that juveniles may disaffirm a contract upon reaching majority, Porter v. Wilson, supra at 271, 209 A.2d at 732, may not marry without parental and judicial consent, RSA 457:5 to :7, and may not purchase alcoholic beverages, RSA 175:5 (Supp.

  2. State v. Smith

    124 N.H. 509 (N.H. 1984)   Cited 8 times
    Considering the purposes and policies in RSA 169-B:1 as well as the mandate to liberally interpret RSA chapter 169-B

    As an incident to the accomplishment of this purpose, proceedings involving children under eighteen are so conducted as to prevent attachment of the stigma of a criminal by reason of conduct resulting from immature judgment." State v. Lemelin, 101 N.H. 404, 406, 144 A.2d 916, 918 (1958) (citations omitted); see also RSA 169-B:1, II (Supp. 1983) (purpose of chapter is "to remove from a minor committing a delinquency offense the taint of criminality and the penal consequences of criminal behavior"). Accordingly, the legislature, in RSA 169-B:24 (Supp.

  3. State v. Gomes

    116 N.H. 591 (N.H. 1976)   Cited 5 times
    In State v. Gomes, 116 N.H. 591, 364 A.2d 1260 (1976), we addressed a similar question of whether the expansion of the juvenile court's exclusive jurisdiction over persons whose acts were committed while under the age of 18 years applied retroactively to defendants.

    The nineteen-year limit is not a statute of limitations on proceedings based on acts occurring prior to the eighteenth birthday, but is rather a delineation of court jurisdiction based on age. "The primary purpose of the Legislature was to shield children . . . from the environment surrounding adult offenders and inherent in the ordinary criminal processes." State v. Lemelin, 101 N.H. 404, 406, 144 A.2d 916, 918 (1958). This primary purpose as revealed in section 26 has not changed. RSA 169:29-a (Supp.

  4. State v. Vachon

    113 N.H. 239 (N.H. 1973)   Cited 2 times
    In State v. Vachon, 113 N.H. 239, 306 A.2d 781 (1973), rev'd on other grounds, 414 U.S. 478 (1974), a majority of this court upheld a conviction for contributing to the delinquency of a minor in the absence of evidence that the minor had committed an offense.

    Section 26 provides that the provisions of this chapter are to be construed in the light of their intended purpose to protect minors from influences which might lead them to deportment injurious to their health or morals. See State v. Lemelin, 101 N.H. 404, 144 A.2d 916 (1958); Report of Commission to Recommend Codification of Criminal Laws, comments at 81 (1969). Defendant operated a "Head Shop" on a "back alley" in Manchester where he sold "all kinds of things like beads, and a few dresses and posters."

  5. In re Perham

    104 N.H. 276 (N.H. 1962)   Cited 12 times

    Petition of Morin, 95 N.H. 518, 520; In re Poulin, 100 N.H. 458; State v. Monahan, 15 N.J. 34; Holmes' Appeal, 379 Pa. 599. By chapter 169 the municipal court is granted, with certain specified exceptions such as violations of motor vehicle, aeronautical and game laws (s. 30 supp), exclusive jurisdiction over all offenses committed by children under the age of eighteen. State v. Lemelin, 101 N.H. 404. However, under section 21 if "the offense complained of constitutes a felony or would amount to a felony in the case of an adult, [the municipal court] may, after investigation and consideration, before hearing" certify it to the Superior Court. "Cases so certified may be disposed of by the superior court according to the laws of this state relating thereto without any limitations as to sentence or orders required by this chapter."