JURY TRIAL FOR JUVENILES - EQUAL PROTECTION AND CALIFORNIA COMMITMENT PROCEEDINGS

• NCJ Number: 5110
• Journal: Hastings Law Journal Volume: 23 Issue: 2 Dated: (FEBRUARY 1972) Pages: 467-488
• Author(s): G A SPADORO
• Date Published: 1972
• Length: 22 pages
• Corporate Author: University of California
• Publication Format: Article

Annotation

CALIFORNIA SUPREME COURT DECISION WHICH HELD THAT THE STATUTORY SCHEME GOVERNING INVOLUNTARY RECOMMITMENT OF UNREHABILITATED JUVENILES WAS DISCRIMINATORY.

Abstract

THE EQUAL PROTECTION REASONING OF THE COURT IS ANALYZED TO DETERMINE THE EXTENT AND BREADTH OF ITS HOLDING. THE DECISION SPECIFICALLY RULED THAT SINCE THE LEGISLATURE HAD INCORPORATED THE FUNDAMENTAL RIGHT TO A JURY TRIAL INTO SOME COMMITMENT PROCEEDINGS, IT HAD TO DO SO IN ALL SIMILAR COMMITMENT PROCEEDINGS. AN ARGUMENT IS DEVELOPED FROM THIS RULING TO EXTEND THE RIGHT TO A JURY TRIAL TO MINORS IN ALL JUVENILE PROCEEDINGS. THIS EQUAL PROTECTION ARGUMENT IS OFFERED AS AN ALTERNATIVE TO DUE PROCESS, BECAUSE THE U.S. SUPREME COURT HAS ALREADY RULED THAT THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT DOES NOT REQUIRE JURY TRIALS FOR JUVENILES.