Do I have the right to a jury trial in juvenile court?
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UPDATED: Jul 13, 2023
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UPDATED: Jul 13, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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In some states, such as Kansas and New Hampshire, juveniles have a right to a jury trial in juvenile court. These states’ constitutions, the 6th and 14th Amendment of the United States Constitution, and judicial interpretations of the state and federal constitutions provide juveniles with the right to a jury trial. If you are being charged as an adult in criminal court, the U.S. Constitution provides you with the right to a jury trial.
Requesting a Jury Trial
If you are in a state that allows jury trials, you must inform the court that you want a jury trial. The state’s rules, as well as the circuit in which the juvenile court sits, determine how the trial will proceed. The trial may be open to the public. The juvenile on trial has a right to an attorney. The job of the juvenile’s attorney is to defend the juvenile, and argue for what the juvenile wants to have happen. The juvenile may also have a volunteer court-appointed special advocate, called a CASA or a guardian ad litem. The job of the court-appointed special advocate is required to tell the court what would be in the best interests of the juvenile.
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Jury in a Juvenile Delinquency Case
Typically, a jury in a juvenile delinquency case is similar to a jury in an adult criminal case. A juvenile jury has the same number of people as a criminal jury. A juvenile jury is also required to give a unanimous verdict. A juvenile jury is composed of adults. The major difference is that a juvenile judge, not a criminal judge, sentences a juvenile defendant who takes a plea offer or is found guilty.
Teen Court in Juvenile Cases
If you are a juvenile who has been charged with a minor, non-violent offense, instead of a jury trial you may be in a jurisdiction that allows you to be sentenced in “Teen Court.” In Teen Court, juveniles admit to their offenses before a panel of juveniles. The other juveniles suggest a punishment for the juvenile before the panel. A Teen Court proceeding is not required to follow the rules of evidence for juvenile delinquency court. Teen Court is usually overseen by an actual judge. A Teen Court proceeding is not a juvenile jury trial.
Case Studies: The Right to a Jury Trial in Juvenile Court
Case Study 1: The Right to a Jury Trial in Kansas
In the state of Kansas, juveniles have the right to a jury trial in juvenile court. Sarah, a 16-year-old, was charged with a serious offense and wanted her case to be heard by a jury of her peers.
She informed the court of her desire for a jury trial, and the proceedings were conducted accordingly. The jury consisted of adults who listened to the evidence presented and deliberated on the verdict.
Sarah’s attorney argued for her defense, while the court-appointed special advocate emphasized what would be in Sarah’s best interests. Ultimately, the jury reached a unanimous verdict, and Sarah’s sentence was determined by the juvenile judge.
Case Study 2: Jury Trial Rights Under the U.S. Constitution
In the state of New Hampshire, the right to a jury trial in juvenile court is protected by the 6th and 14th Amendments of the United States Constitution.
Mark, a 17-year-old, was charged with a serious offense that could potentially lead to significant consequences. As an adult in criminal court, Mark knew he had the constitutional right to a jury trial.
He decided to exercise this right and requested a jury trial. The court proceedings followed the established rules, and a jury of his peers was selected.
The jury carefully considered the evidence presented during the trial and delivered a unanimous verdict. Mark’s fate was then determined by the juvenile judge.
Case Study 3: Teen Court as an Alternative
In a jurisdiction that offers Teen Court as an alternative to a traditional jury trial, Emily, a 15-year-old, was charged with shoplifting from a local store.
Instead of going through a regular jury trial, Emily’s case was referred to Teen Court. She admitted her offense before a panel of other juveniles, who were trained to serve as jurors in this informal setting.
The panel members discussed the incident and suggested an appropriate punishment for Emily. The Teen Court proceedings were overseen by an actual judge, who ensured that the process remained fair and just.
Emily’s case was handled through this alternative approach, providing an opportunity for her to learn from her actions without the more formal aspects of a traditional jury trial.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.