State v. Hemingway, 196 Vt. 441 (2014)

Citation: State v. Hemingway, 196 Vt. 441 (2014)
Parent Document: State v. Hemingway, 196 Vt. 441 (2014)
Jurisdiction: Vermont (state)
Effective Date: 2014-05-09
Original Source: https://www.courtlistener.com/opinion/2673207/state-v-hemingway/ ↗

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¶ 32.        
Absent consequences for noncompliance or a more definitive statement
from the Legislature that it intended to invalidate probation violations where
a certificate was not provided, § 252(c) should be construed in concert
with the rest of the statutory scheme, which aims to effectuate general goals
of rehabilitation and protection of the public.  The same bill that included
the certificate requirement also contained a general purpose section, which has
changed little since its enactment.  1971, No. 199 (Adj. Sess.), § 20
(codified as amended at 28 V.S.A. § 1).  The following section
directs that the entire title shall be “construed in order to effectuate the
general purposes,” 28 V.S.A. § 2(a), which include “developing and
administering a correctional program designed to protect persons and property
against offenders of the criminal law and to render treatment to offenders with
the goal of achieving their successful return and participation as citizens of
the state and community.”  28 V.S.A. § 1(a).

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