McKeiver v. Pennsylvania

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McKeiver v. Pennsylvania
S.E.2d 879 (1969); cert. granted, 397 U.S.
1036 (1970).
Holding
A trial by jury is not constitutionally required in the adjudicative phase of a state juvenile court delinquency proceeding.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
Case opinions
PluralityBlackmun, joined by Burger, Stewart, White
ConcurrenceWhite
ConcurrenceHarlan (in the judgment)
Concur/dissentBrennan
DissentDouglas, joined by Black, Marshall

McKeiver v. Pennsylvania, 403 U.S. 528 (1971), is a decision of the

plurality opinion left the precise reasoning for the decision unclear.[2]

Background

Joseph McKeiver and Edward Terry were teenagers charged with acts of robbery, theft, assault, and escape. Both were denied a request for a jury trial at the Juvenile Court of Philadelphia. A state Superior Court affirmed the order and, after combining their separate cases into one case, the

Supreme Court of North Carolina both affirmed the lower court's decision, finding no constitutional requirement for a jury trial for juvenile defendants.[3]

Decision of the U.S. Supreme Court

Although the right to a jury trial is not guaranteed by the U.S. Constitution in these cases states may, and some do, employ jury trials in juvenile proceedings if they wish to do so. Kansas is the first state in the U.S. to articulate that the right should be extended to juveniles under its state constitution.[1]

See also

References

  1. ^ a b McKeiver v. Pennsylvania, 403 U.S. 528 (1971).
  2. ^ See In re L.M., 2008 Kan. LEXIS 328 (Kan. June 20, 2008) (briefs for the case can be viewed at http://www.theshipps.com/inrelm)
  3. ^ "McKeiver v. Pennsylvania - 403 U.S. 528 (1971)". Oyez: Chicago-Kent College of Law. Retrieved October 26, 2013.

External links