McKeiver v. Pennsylvania
McKeiver v. Pennsylvania | |
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Holding | |
A trial by jury is not constitutionally required in the adjudicative phase of a state juvenile court delinquency proceeding. | |
Court membership | |
| |
Case opinions | |
Plurality | Blackmun, joined by Burger, Stewart, White |
Concurrence | White |
Concurrence | Harlan (in the judgment) |
Concur/dissent | Brennan |
Dissent | Douglas, 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
- ^ a b McKeiver v. Pennsylvania, 403 U.S. 528 (1971).
- ^ 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)
- ^ "McKeiver v. Pennsylvania - 403 U.S. 528 (1971)". Oyez: Chicago-Kent College of Law. Retrieved October 26, 2013.
External links
- Text of McKeiver v. Pennsylvania, 403 U.S. 528 (1971) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)