JUVENILE COURTS-JUVENILES IN DELINQUENCY PROCEEDINGS ARE NOT CONSTITUTIONALLY ENTITLED TO THE RIGHT OF TRIAL BY JURY - MCKEIVER V. PENNSYLVANIA

• NCJ Number: 8251
• Journal: Michigan Law Review Volume: 70 Issue: 1 Dated: (NOVEMBER 1971) Pages: 171-194
• Author(s): ANON
• Date Published: 1971
• Length: 24 pages
• Corporate Author: Michigan Law Review Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

INDIVIDUAL OPINIONS IN THE SUPREME COURT DECISION ARE ANALYZED AND RELATED TO EARLIER RULINGS ON THE DUE PROCESS RIGHTS OF MINORS.

Abstract

THE COURT HELD THAT THE FUNDAMENTAL FAIRNESS STANDARD OF THE DUE PROCESS CLAUSE IN THE FOURTEENTH AMENDMENT WAS NOT VIOLATED BY DENYING MINORS THE RIGHT TO A JURY TRIAL. IT IS ARGUED THAT THE COURT BASED THIS RULING ON SEVERAL MISTAKEN ASSUMPTIONS ABOUT THE JUVENILE JUSTICE SYSTEM - THAT THERE ARE NOT SUFFICIENT SIMILARITIES BETWEEN THE JUVENILE AND CRIMINAL SYSTEMS TO EQUATE THEM, THAT THE JUVENILE JUDGE PROTECTS THE ESSENTIAL VALUES TRADITIONALLY SAFEGUARDED BY JURIES, AND THAT THE REQUIREMENTS OF A JURY TRIAL WOULD DISCOURAGE REFORM IN THE SYSTEM. THE AUTHOR ALSO CONTENDS THAT THE MAJORITY'S IMPLICIT ACCEPTANCE OF THE PARENS PATRIAE DOCTRINE WILL UNDERMINE PREVIOUS DECISIONS WHICH GUARANTEED JUVENILES PROCEDURAL RIGHTS.