Do Juveniles Have a Right to Trial by Jury?

By , Attorney
Defend your rights. We've helped 95 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

The right to trial by jury in the United States Constitution belongs only to adults. In 1971, the U.S. Supreme Court held that there's no jury-trial right in juvenile delinquency proceedings. (McKeiver v. Pennsylvania, 403 U.S. 528 (1971).) (See more on Constitutional Rights in Juvenile Cases.) Some of the Court's justices expressed concerns, including apprehension that requiring jury trials would:

  • make proceedings "fully adversary" and destroy "the idealistic prospect of an intimate, informal protective proceeding"
  • fail to significantly improve the ability of courts to determine case facts, and
  • undermine confidentiality.

Later judicial decisions have questioned some of the original justifications for withholding the jury-trial right from minors. (See People v. Smith, 110 Cal. App. 4th 1072 (2003).) But despite those reservations, the fact remains that state governments aren't obligated to provide trial by jury in the juvenile justice system. Instead, judges (or judge-equivalents) usually decide juvenile cases.

Although the Supreme Court said that states don't have to provide jury trials in the juvenile justice system, it allowed for the possibility that they would. (Juveniles tried in the adult system are entitled to juries; see When Juveniles Are Tried in Adult Criminal Court.) Though the practice is relatively rare, some states offer jury trials in juvenile court. In several of those states, juveniles are permitted juries only in limited circumstances—for instance, when the potential sentence is particularly severe due to various factors.

DEFEND YOUR RIGHTS
Talk to a Defense attorney
We've helped 95 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you