NCJ Number
110972
Journal
San Diego Law Review Volume: 24 Issue: 5 Dated: (1987) Pages: 1223-1247
Date Published
1987
Length
25 pages
Annotation
Since the inception of the California juvenile justice system in 1903, the U.S. Supreme Court and the California Supreme Court have afforded juvenile delinquents many of the procedural due process protections available in adult criminal proceedings.
Abstract
However, in California, the right to a jury trial remains unavailable to juveniles. The continued denial of this right is inappropriate and unfair. In the context of the origins and development of the juvenile justice system, a quid pro quo system was established wherein a minor's due process rights were exchanged for the protection and rehabilitative efforts of the juvenile courts. However, juvenile courts have failed in these purposes, particularly with the strong trend toward criminalization of California delinquency proceedings. Because modern delinquency proceedings are adversarial and resemble adult criminal trials, the continued denial of a right to jury trial for juveniles can no longer be justified. Therefore, the State legislature should intervene and afford youth this essential right. Legislative intervention is necessary in the face of judicial inaction. Accordingly, the California Legislature is urged to amend the Welfare and Institutions Code to resolve this issue. 186 footnotes.